DARIO CALDERON ABARCA V. MERRICK GARLAND, No. 19-70819 (9th Cir. 2021)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 21 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT DARIO CALDERON ABARCA, Petitioner, v. No. U.S. COURT OF APPEALS 19-70819 Agency No. A089-862-049 MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 14, 2021** Before: PAEZ, NGUYEN, and OWENS, Circuit Judges. Dario Calderon Abarca, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and terminate removal proceedings. We have jurisdiction under 8 U.S.C § 1252. We review for abuse of discretion the denial of a motion to reopen, Perez v. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Mukasey, 516 F.3d 770, 773 (9th Cir. 2008), and the denial of a motion to terminate, Dominguez v. Barr, 975 F.3d 725, 734 (9th Cir. 2020). We deny the petition for review. The BIA did not abuse its discretion in denying Calderon Abarca’s motion to reopen and terminate where his contention that the immigration court lacked jurisdiction over his proceedings is foreclosed by Aguilar Fermin v. Barr, 958 F.3d 887, 895 (9th Cir. 2020) (“the lack of time, date, and place in the NTA sent to [petitioner] did not deprive the immigration court of jurisdiction over her case”). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 19-70819
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