Hai Huang v. William Barr

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 25 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HAI LE HUANG, No. 18-71865
Petitioner, Agency No. A078-539-172
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 18, 2019**
Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
Hai Le Huang, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) decision denying her motion to reopen
removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C.
§ 1252. We review de novo questions of law. Bonilla v. Lynch, 840 F.3d 575, 581
(9th Cir. 2016). We deny the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The BIA did not err in determining that the lack of notice exception to the
time limit to reopen removal proceedings conducted in absentia did not apply,
where notices of Huang’s changed hearings were served on her attorney of record.
See 8 U.S.C. § 1229(a)(2)(A); Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir. 2000)
(notice to attorney of record constitutes notice to the alien). Thus, the BIA did not
err by applying the 180-day deadline for motions to reopen due to exceptional
circumstances. See 8 U.S.C. § 1229a(b)(5)(C)(i).
Huang has not raised, and therefore waives, any challenge to the BIA’s
determination that her motion was untimely and that she had not shown the
required due diligence to equitably toll the filing deadline. See Lopez-Vasquez v.
Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and
argued in an opening brief are waived).
Huang’s contention that the immigration court lacked jurisdiction under
Pereira v. Sessions, 138 S. Ct. 2105 (2018) is foreclosed by Karingithi v. Whitaker,
913 F.3d 1158, 1160-62 (9th Cir. 2019) (initial notice to appear need not include
time and date information to vest jurisdiction in the immigration court). To the
extent she contends Karingithi was wrongly decided, we lack the authority to
overrule it. See Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir. 2001).
PETITION FOR REVIEW DENIED.
2 18-71865