Coronel-Ortiz
v.
Holder

This case is not covered by Casetext's citator
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITApr 18, 2012
472 Fed. Appx. 660 (9th Cir. 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NOT FOR PUBLICATION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.