Kevin Javier Rivera-Guevara v. William P. Barr, United States Attorney General

19-1206United States Court Of Appeals For The 1st CircuitAug 19, 2020

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Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 19-1206
KEVIN JAVIER RIVERA-GUEVARA,
Petitioner,
v.
WILLIAM P. BARR,
UNITED STATES ATTORNEY GENERAL,
Respondent.
PETITION FOR REVIEW OF AN ORDER OF
THE BOARD OF IMMIGRATION APPEALS
Before
Howard, Chief Judge,
Selya and Lynch, Circuit Judges.
Kevin P. MacMurray and MacMurray & Associates on brief for
petitioner.
Keith I. McManus, Assistant Director, Office of Immigration
Litigation, Civil Division, U.S. Department of Justice, Joseph H.
Hunt, Assistant Attorney General, Civil Division, and Claire L.
Workman, Senior Litigation Counsel, Office of Immigration
Litigation, on brief for respondent.
August 19, 2020

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PER CURIAM. The dispositive issue in this case — whether
a Notice to Appear that fails to include the time and place of a
removal hearing is ineffective as a charging document and therefore
does not confer jurisdiction on an immigration court — is
controlled by the court's recent decision in Goncalves Pontes v.
Barr, 938 F.3d 1 (1st Cir. 2019). Under the holding in Goncalves
Pontes, see id. at 5-7, the petitioner's claims necessarily fail.
Accordingly, we summarily deny the petition for judicial review.
See 1st Cir. R. 27.0(c).
So ordered.

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