Cruz v. Gonzales
Opinion of the Court
MEMORANDUM
Alfredo Reyes Cruz, Susan Casillo Cruz, Sheryl Casillo Cruz, and Sherby Casillo Cruz, natives and citizens of the Philippines, petition for review of the order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings to apply for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir. 2004), and deny in part and dismiss in part the petition for review.
We lack jurisdiction to review petitioners’ contention that the BIA should have exercised its sua sponte authority to reopen proceedings. See Ekimian v. INS, 303 F.3d 1153, 1156 (9th Cir. 2002).
Petitioners’ remaining contentions lack merit.
PETITION FOR REVIEW DENIED in part and DISMISSED in part.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Alfredo Reyes CRUZ v. Alberto R. GONZALES, Attorney General
- Status
- Published