Bangally Fatty v. William Barr

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 11, 2020
• Docket: 18-72918
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 11 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

BANGALLY FATTY, Nos. 18-72918 19-71929 Petitioner, Agency No. A097-119-552 v.

WILLIAM P. BARR, Attorney General, MEMORANDUM*

Respondent.

On Petitions for Review of Orders of the Board of Immigration Appeals

Submitted September 8, 2020**

Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.

In these consolidated petitions for review, Bangally Fatty, a native and

citizen of the Gambia, petitions for review of the Board of Immigration Appeals’

(“BIA”) orders denying his motion to reconsider and terminate and his motion to

reopen. We have jurisdiction under 8 U.S.C. § 1252. We review de novo

questions of law. Toor v. Lynch, 789 F.3d 1055, 1059 (9th Cir. 2015). We deny

* 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). the petitions for review.

As to No. 18-72918, Fatty’s contention that the immigration judge lacked

jurisdiction over his proceedings is foreclosed by Aguilar Fermin v. Barr, 958 F.3d

887, 889 (9th Cir. 2020) (notice to appear “need not contain time, date, and place

information to vest an immigration court with jurisdiction if such information is

provided before the hearing”).

As to No. 19-71929, Fatty has not raised, and therefore waives, any

challenge to the BIA’s denial of his motion to reopen as untimely. See Lopez-

Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically

raised and argued in an opening brief are waived). Because this determination is

dispositive, we do not address Fatty’s contentions regarding prima facie eligibility

for relief. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (the courts

and the agency are not required to make findings on issues the decision of which is

unnecessary to the results).

PETITIONS FOR REVIEW DENIED.

2 19-71929