Ochoa-Ortuno v. Keisler
Ochoa-Ortuno v. Keisler
Opinion of the Court
MEMORANDUM
Felipe Ochoa-Ortuno, a native and citizen of Mexico, petitions for review of the
The BIA did not abuse its discretion in denying Ochoa-Ortuno’s September 20, 2005 motion to reconsider as untimely. See 8 C.F.R. § 1003.2(b)(2) (motions to reconsider must generally be filed within thirty days of the agency decision). Consequently, we do not reach Ochoa-Ortuno’s contentions that the motion should have been granted on the merits.
We lack jurisdiction to review the BIA’s refusal to invoke its authority to reconsider sua sponte under 8 C.F.R. § 1003.2(a). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002) (noting that “the decision of the BIA whether to invoke its sua sponte authority is committed to its unfettered discretion.”).
PETITION FOR REVIEW DENIED in part and DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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