Filed: Dec. 26, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 19-10781 Date Filed: 12/26/2019 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 19-10781 Non-Argument Calendar _ Agency No. A208-163-096 WENDI MARIBEL SOLIS, et al., Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ (December 26, 2019) Before WILLIAM PRYOR, JILL PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Case: 19-10781 Date Filed: 12/26/2019 Page: 2 of 3
Summary: Case: 19-10781 Date Filed: 12/26/2019 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 19-10781 Non-Argument Calendar _ Agency No. A208-163-096 WENDI MARIBEL SOLIS, et al., Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ (December 26, 2019) Before WILLIAM PRYOR, JILL PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Case: 19-10781 Date Filed: 12/26/2019 Page: 2 of 3 W..
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Case: 19-10781 Date Filed: 12/26/2019 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 19-10781
Non-Argument Calendar
________________________
Agency No. A208-163-096
WENDI MARIBEL SOLIS, et al.,
Petitioners,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
________________________
(December 26, 2019)
Before WILLIAM PRYOR, JILL PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Case: 19-10781 Date Filed: 12/26/2019 Page: 2 of 3
Wendi Maribel Solis, a native and citizen of Guatemala, and her daughter, as
her derivative beneficiary, petition for review of the final order that denied their
motion to reconsider the dismissal of their appeal of a decision denying them all
forms of immigration relief. 8 U.S.C. §§ 1158, 1231. Solis moved the Board of
Immigration Appeals to reconsider its decision on the ground that defects in her
initial notice to appear deprived the immigration judge of jurisdiction over her
removal proceedings. See Pereira v. Sessions,
138 S. Ct. 2105 (2018). While
Solis’s petition was pending, we held in Perez-Sanchez v. United States Attorney
General,
935 F.3d 1148, 1154–57 (11th Cir. 2019), that defects in a notice to
appear do not affect the jurisdiction of the immigration judge and the Board to
conduct removal proceedings. Because the immigration judge had the authority to
adjudicate Solis’s application, we deny the petition for review.
Perez-Sanchez forecloses Solis’s argument that the immigration judge
lacked jurisdiction over her removal proceedings. In Perez-Sanchez, we held that
the requirement for a notice to appear to specify the time and place of a removal
hearing, 8 U.S.C. § 1229(a)(1); 8 C.F.R. § 1003.14, is a claim-processing rule that,
even if violated, does not prevent an immigration judge and the Board from
“properly exercis[ing] jurisdiction over [the alien’s] removal hearing based on the
authority conferred upon them by 8 U.S.C. § 1229a(a)(1)” and entering a “valid
final order of
removal.” 935 F.3d at 1154–57. In any event, no defect existed in the
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Case: 19-10781 Date Filed: 12/26/2019 Page: 3 of 3
notice of appear that resulted in the final order of removal that Solis challenges in
her petition. Solis received a notice to appear on December 20, 2015, at 1:00 p.m.,
8 U.S.C. § 1229(a)(1), but because she failed to appear, the immigration judge
rescheduled the hearing for June 8, 2016, at 2:00 p.m. After her hearing, Solis filed
her application for immigration relief, which the immigration judge denied when
he entered the order of removal to Guatemala.
We DENY Solis’s petition for review.
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