Fernando Ortiz-Romero v. Eric Holder, Jr.

585 F. App'x 406

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 10, 2014
• Docket: 11-73365
• Status: Unpublished

Opinion

MEMORANDUM **

Fernando Ortiz-Romero (“Romero”) petitions for review of a decision by the Board of Immigration Appeals (“BIA”) that denied his second motion to reopen removal proceedings sua sponte. We have jurisdiction to review a final order of removal under 8 U.S.C. § 1252. We dismiss the petition.

After considering Romero’s second motion under 8 C.F.R. § 1003.2(a) for sua sponte reopening of his removal proceedings, the BIA held that it did not have jurisdiction under 8 C.F.R. § 1003.2(d).

Alternatively, the BIA stated that even if jurisdiction were proper, it would not reopen Romero’s proceedings under its § 1003.2(a) sua sponte discretion.

We lack jurisdiction to review the BIA’s unfettered § 1003.2(a) discretion not to reopen removal proceedings. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002); see also Sharma v. Holder, 633 F.3d 865, 874 (9th Cir.2011).

PETITION FOR REVIEW IS DISMISSED.

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