Jose Tzompantzi-Salazar v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE TZOMPANTZI-SALAZAR, No. 20-71514 Petitioner, Agency No. v. A200-196-389

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted October 21, 2021 * Pasadena, California

Filed February 9, 2022

Before: Ryan D. Nelson and Lawrence VanDyke, Circuit Judges, and Karen E. Schreier, ** District Judge.

Opinion by Judge VanDyke

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ** The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota, sitting by designation. TZOMPANTZI-SALAZAR V. GARLAND

SUMMARY ***

Immigration

Denying Jose Tzompantzi-Salazar’s petition for review of a decision of the Board of Immigration Appeals, the panel held that (1) the Board did not abuse its discretion in denying Tzompantzi-Salazar’s motion to reopen in which he raised a challenge to his charging document under Pereira v. Sessions,…