Francisco Leon Lux v. Jeffrey A. Rosen

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 14, 2021
• Docket: 20-2523
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-2523 ___________________________

Francisco Leon Lux; Melissa Esmeralda Leon Mejia

lllllllllllllllllllllPetitioners

v.

Jeffrey A. Rosen, Acting Attorney General of United States1

lllllllllllllllllllllRespondent ____________

Petition for Review of an Order of the Board of Immigration Appeals ____________

Submitted: January 11, 2021 Filed: January 14, 2021 [Unpublished] ____________

Before KELLY, MELLOY, and GRASZ, Circuit Judges. ____________

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

1 Jeffrey 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). 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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