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GUTIERREZ-ZAVALA v. GARLAND

No. 20-73398.

32 F.4th 806 (2022)

Jose Manuel GUTIERREZ-ZAVALA, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2022.

Attorney(s) appearing for the Case

Douglas Jalaie , Los Angeles, California, for Petitioner.

Justin R. Markel and Paul Fiorino , Senior Litigation Counsel; Brian Boynton , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

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

OPINION

Jose Gutierrez-Zavala, a native and citizen of Mexico, seeks review of a Board of Immigration Appeals (BIA) decision denying his untimely motion to reopen his removal proceedings. Although the BIA denied relief on the merits, the BIA lacked jurisdiction to consider Gutierrez-Zavala's motion to reopen because...

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