Tovar-Meza v. Barr

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-60341
Summary Calendar

RUDY EMILIO TOVAR-MEZA,

Petitioner

v.

WILLIAM P. BARR, U. S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A098 908 626

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.
PER CURIAM:
*

Rudy Emilio Tovar-Meza, a native and citizen of El Salvador, petitions
for review of a decision by the Board of Immigration Appeals (BIA) dismissing
his appeal from an order by an immigration judge (IJ) denying his motion to
reopen and rescind his in absentia removal order. The BIA determined that
Tovar-Meza failed to demonstrate a basis to reopen or rescind because the lack
of notice of his removal hearing was the result of his failure to provide a mailing

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
June 30, 2020

Lyle W. Cayce
Clerk
Case: 19-60341 Document: 00515472941 Page: 1 Date Filed: 06/30/2020

No. 19-60341
2
address. See Gomez-Palacios v. Holder, 560 F.3d 354, 359-61 (5th Cir. 2009).
Reviewing that decision on a highly deferential abuse-of-discretion standard,
id. at 358, we deny the petition.
First, we have already concluded that the Supreme Court’s decision in
Pereira v. Sessions, 138 S. Ct. 2105 (2018), did not affect our decision in Gomez-
Palacios. See Mauricio-Benitez v. Sessions, 908 F.3d 144, 148 & n.1 (5th Cir.
2018), cert. denied, 139 S. Ct. 2767 (2019). Second, Tovar-Meza fails to
demonstrate any error in the BIA’s determination that he failed to provide an
address in the months following his release from detention. See Gomez-
Palacios, 560 F.3d at 358. Third, we are unpersuaded that the BIA erred in
rejecting his due process argument. See Ramos-Portillo v. Barr, 919 F.3d 955,
963 (5th Cir. 2019). Accordingly, Tovar-Meza’s petition for review is DENIED.
Case: 19-60341 Document: 00515472941 Page: 2 Date Filed: 06/30/2020