United States v. Angel Morales

United States Court of Appeals
For the Eighth Circuit
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No. 20-2523
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Francisco Leon Lux; Melissa Esmeralda Leon Mejia
lllllllllllllllllllllPetitioners
v.
Jeffrey A. Rosen, Acting Attorney General of United States1
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: January 11, 2021
Filed: January 14, 2021
[Unpublished]
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Before KELLY, MELLOY, and GRASZ, Circuit Judges.
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PER CURIAM.
Guatemalan native and citizen Francisco Leon Lux, individually and on behalf
of his minor child, petitions for review of an order of the Board of Immigration
1Jeffrey A. Rosen is now Acting Attorney General of the United States, and is
substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c).

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Appeals (BIA), which dismissed his appeal from an immigration judge’s (IJ’s)
decision denying his motion to terminate removal proceedings and ordering removal.
His sole challenge is that, based on Pereira v. Sessions, 138 S. Ct. 2105 (2018), the
IJ lacked jurisdiction over the removal proceedings. We agree with respondent that
Lux’s challenge is foreclosed by this court’s precedent. See Ali v. Barr, 924 F.3d
983, 985-86 (8th Cir. 2019) (holding that decision in Pereira “had nothing to say
about when an [IJ] obtains jurisdiction” over removal proceedings; jurisdiction vests
when charging document, such as notice to appear, is filed with immigration court;
and under 8 U.S.C. § 1003.18(b), notice to appear must contain time, place, and date
information for initial removal hearing only “where practicable”). Accordingly, the
petition for review is denied. See 8th Cir. R. 47B.
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