Dario Calderon Abarca v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DARIO CALDERON ABARCA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 19-70819
Agency No. A089-862-049
MEMORANDUM*
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).
FILED
SEP 21 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 19-70819
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 of 2 --