Coronel-Ortiz
v.
Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITApr 18, 2012
No. 07-71946 (9th Cir. Apr. 18, 2012)

No. 07-71946 Agency No. A078-535-463

04-18-2012

MARIA CARMEN CORONEL-ORTIZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: LEAVY, PAEZ, and BEA, Circuit Judges.

Maria Carmen Coronel-Diaz, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals denying, as untimely and numerically-barred, her second motion to reopen removal proceedings. The BIA declined to exercise its sua sponte authority to reopen under 8 C.F.R. § 1003.2(a).

Coronel-Diaz argues that the BIA should have sua sponte reopened removal proceedings, and should have excused her untimely and numerically-barred motion to reopen.

We lack jurisdiction to review the BIA's discretionary decision whether to exercise its sua sponte authority to reopen under § 8 C.F.R. § 1003.2(a). See Ekimian v. INS, 303 F.3d 1153, 1159-60 (9th Cir. 2002). Accordingly, we dismiss Coronel-Diaz's petition for lack of jurisdiction.

DISMISSED.