Coronel-Ortiz v. Holder

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 18, 2012
• Docket: 07-71946
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION APR 18 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MARIA CARMEN CORONEL-ORTIZ, No. 07-71946

Petitioner, Agency No. A078-535-463

v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General,

Respondent.

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

Submitted April 17, 2012 **

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

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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.

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