Filed: Aug. 19, 2020
Latest Update: Aug. 19, 2020
Summary: Not for Publication in West's Federal Reporter United States Court of Appeals For the First Circuit No. 19-1206 KEVIN JAVIER RIVERA-GUEVARA, Petitioner, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Howard, Chief Judge, Selya and Lynch, Circuit Judges. Kevin P. MacMurray and MacMurray & Associates on brief for petitioner. Keith I. McManus, Assistant Director, Office of Immigration Litigation, Civil Divis
Summary: Not for Publication in West's Federal Reporter United States Court of Appeals For the First Circuit No. 19-1206 KEVIN JAVIER RIVERA-GUEVARA, Petitioner, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Howard, Chief Judge, Selya and Lynch, Circuit Judges. Kevin P. MacMurray and MacMurray & Associates on brief for petitioner. Keith I. McManus, Assistant Director, Office of Immigration Litigation, Civil Divisi..
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Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 19-1206
KEVIN JAVIER RIVERA-GUEVARA,
Petitioner,
v.
WILLIAM P. BARR,
UNITED STATES ATTORNEY GENERAL,
Respondent.
PETITION FOR REVIEW OF AN ORDER OF
THE BOARD OF IMMIGRATION APPEALS
Before
Howard, Chief Judge,
Selya and Lynch, Circuit Judges.
Kevin P. MacMurray and MacMurray & Associates on brief for
petitioner.
Keith I. McManus, Assistant Director, Office of Immigration
Litigation, Civil Division, U.S. Department of Justice, Joseph H.
Hunt, Assistant Attorney General, Civil Division, and Claire L.
Workman, Senior Litigation Counsel, Office of Immigration
Litigation, on brief for respondent.
August 19, 2020
PER CURIAM. The dispositive issue in this case — whether
a Notice to Appear that fails to include the time and place of a
removal hearing is ineffective as a charging document and therefore
does not confer jurisdiction on an immigration court — is
controlled by the court's recent decision in Goncalves Pontes v.
Barr,
938 F.3d 1 (1st Cir. 2019). Under the holding in Goncalves
Pontes, see
id. at 5-7, the petitioner's claims necessarily fail.
Accordingly, we summarily deny the petition for judicial review.
See 1st Cir. R. 27.0(c).
So ordered.
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