Case: 19-60392 Document: 00515791487 Page: 1 Date Filed: 03/23/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 23, 2021
No. 19-60392
Summary Calendar Lyle W. Cayce
Clerk
Juan Jose Chavez-Torres, also known as Juan Jose Chavez,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A075 223 956
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Juan Jose Chavez-Torres, a native and citizen of Mexico, petitions for
review the denial by the Board of Immigration Appeals (BIA) of his motion
to reopen. Relying on Pereira v. Sessions, 138 S. Ct. 2105 (2018), Chavez-
Torres argues the immigration court had no jurisdiction over his removal
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 5th Circuit Rule 47.5.4.
Case: 19-60392 Document: 00515791487 Page: 2 Date Filed: 03/23/2021
No. 19-60392
proceedings because his notice to appear was defective in that it failed to state
the time and place of his initial removal hearing. We have rejected such
arguments, concluding that Pereira is limited to cases involving the stop-time
rule in removal proceedings, which is not at issue here. See Pierre-Paul v.
Barr, 930 F.3d 684, 689-90 (5th Cir. 2019), cert. denied, 140 S. Ct. 2718
(2020). Because Chavez-Torres’s claim is foreclosed by Pierre-Paul, he fails
to show that the BIA abused its discretion in denying his motion to reopen
based on Pereira. See Mejia v. Barr, 952 F.3d 255, 259 (5th Cir. 2020).
The petition for review is DENIED.
2