Jose Gutierrez-Zavala v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE MANUEL GUTIERREZ-ZAVALA, No. 20-73398 Petitioner, Agency No. v. A090-155-378

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

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

Submitted February 14, 2022 * Pasadena, California

Filed April 26, 2022

Before: Daniel A. Bress and Patrick J. Bumatay, Circuit Judges, and Sharon L. Gleason, ** District Judge.

Opinion by Judge Bress

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ** The Honorable Sharon L. Gleason, Chief United States District Judge for the District of Alaska, sitting by designation. GUTIERREZ-ZAVALA V. GARLAND

SUMMARY ***

Immigration

Denying Jose Gutierrez-Zavala’s petition for review of a decision of the Board of Immigration Appeals denying a motion to reopen, the panel held that this court may deny a petition for review based on the BIA’s lack of jurisdiction under 8 U.S.C. § 1231(a)(5), even when the BIA did not rule on that…