Gomez Salgado v. Wilkinson ( 2021 )

Case: 19-60775 Document: 00515731052 Page: 1 Date Filed: 02/03/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
February 3, 2021
No. 19-60775
Summary Calendar Lyle W. Cayce
Clerk
Eusebio Gomez Salgado,
Petitioner,
versus
Robert M. Wilkinson, Acting U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A078 987 649
Before Wiener, Southwick, and Duncan, Circuit Judges.
Per Curiam:*
Eusebio Gomez Salgado, a native and citizen of Mexico, petitions for
review of the denial by the Board of Immigration Appeals (BIA) of his motion
to reopen. Relying on Pereira v. Sessions, 138 S. Ct. 2105 (2018), Gomez
Salgado argues the immigration judge 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opinion should not be published and is not precedent except under the limited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: 19-60775 Document: 00515731052 Page: 2 Date Filed: 02/03/2021
No. 19-60775
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 Gomez Salgado’s argument is foreclosed by Pierre-Paul,
which he concedes, 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