Salvador Chavez Gonzalez v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SALVADOR CHAVEZ GONZALEZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-270
Agency No.
A209-406-617
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 18, 2023**
Before: SCHROEDER, RAWLINSON, and BADE, Circuit Judges.
Salvador Chavez Gonzalez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion
to reopen and terminate his removal proceedings. We have jurisdiction under
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and the denial
* 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
AUG 8 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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 Chavez Gonzalez’s
motion to reopen and terminate proceedings where his challenge to the
immigration court’s jurisdiction is foreclosed by United States v. Bastide-
Hernandez, 39 F.4th 1187, 1188, 1193 (9th Cir. 2022) (en banc) (lack of
hearing information in notice to appear does not deprive immigration court of
subject matter jurisdiction, and 8 C.F.R. § 1003.14(a) is satisfied when later
notice provides hearing information).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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