Ninoska Suate-Orellana v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NINOSKA SUATE-ORELLANA, No. 19-72446 AKA Ninosca Suate Oriana, Agency No. Petitioner, A200-965-308

v.

OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted December 8, 2023 Portland, Oregon

Filed May 7, 2024

Before: Marsha S. Berzon, Jacqueline H. Nguyen, and Eric D. Miller, Circuit Judges.

Opinion by Judge Nguyen SUATE-ORELLANA V. GARLAND

SUMMARY *

Immigration

The panel granted Ninoska Suate-Orellana’s petition for review of the Board of Immigration Appeals’ dismissal of an appeal of an immigration judge’s denial of a motion for reconsideration and termination of an underlying removal order based on a defective Notice to Appear, and remanded, holding that: 1) Suate-Orellana had exhausted her claim that her NTA was statutorily deficient; 2) 8 U.S.C. § 1231(a)(5), which bars reopening or review of an order of removal that has been reinstated, is not jurisdictional; and 3) the government had forfeited its claim that § 1231(a)(5) barred reopening here. After…