698 Fed.Appx. 902 (9th Cir. 2017), 14-70432, Sandoval v. Sessions

Docket Nº:14-70432
Citation:698 Fed.Appx. 902
Party Name:Henry Torres SANDOVAL, AKA Henry Flores, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.
Attorney:Matthew Greenfield, Gibson, Dunn & Crutcher LLP, New York, NY, for Petitioner Matthew Albert Connelly, Trial Attorney, Keith Ian McManus, Senior Litigation Counsel, OIL, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of ...
Judge Panel:Before: CHRISTEN and WATFORD, Circuit Judges, and SOTO, District Judge.
Case Date:October 11, 2017
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 902

698 Fed.Appx. 902 (9th Cir. 2017)

Henry Torres SANDOVAL, AKA Henry Flores, Petitioner,

v.

Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 14-70432

United States Court of Appeals, Ninth Circuit

October 11, 2017

Argued and Submitted May 12, 2017 Pasadena, California

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

On Petition for Review of an Order of the Board of Immigration Appeals, Agency No. A076-355-299

Matthew Greenfield, Gibson, Dunn & Crutcher LLP, New York, NY, for Petitioner

Matthew Albert Connelly, Trial Attorney, Keith Ian McManus, Senior Litigation Counsel, OIL, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: CHRISTEN and WATFORD, Circuit Judges, and SOTO,[*] District Judge.

ORDER

Respondent’s unopposed motion to amend the memorandum disposition is granted. An amended memorandum disposition will be filed simultaneously. Pursuant to General Order 5.3(a), no petitions for rehearing will be entertained.

AMENDED MEMORANDUM[**]

1. On December 12, 2013, an Immigration Judge (IJ) concurred in a negative reasonable fear determination issued by an Asylum Officer (AO) against Petitioner. Six days later, on December 18, 2013, Petitioner appealed to the Board of Immigration Appeals (BIA). The BIA received the appeal on December 26, 2013, and sent a filing notice the following day, December 27, 2013. Then, on January 29, 2014, the BIA issued a short order dismissing Petitioner’s appeal based on a lack of jurisdiction according to the governing federal regulations. Petitioner appealed that order to this Court on February 14, 2014.

2. In Ayala v. Sessions, 855 F.3d 1012 (9th Cir. 2017) and Martinez v. Sessions, 863 F.3d 1155 (9th Cir. 2017), this Court described " when reasonable fear determinations challenging reinstated removal orders become administratively final." Martinez, 863 F.3d at 1159. The concerns that led the Court in those cases to decide that the administrative proceedings became final for appellate review purposes when the BIA issued its dismissal order also apply here. In particular, " [t]he constellation of statutes,...

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