Dhillon v. Holder

389 F. App'x 732

Opinion

MEMORANDUM **

Gura Singh Dhillon, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Dhillon’s motion to reconsider as untimely, where it was filed over two years after the BIA’s final administrative decision. See 8 C.F.R. § 1003.2(b)(2).

We lack jurisdiction to review the BIA’s exercise of its sua sponte authority to deny Dhillon’s motion to reconsider based on his due process argument. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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