Garcia Cruz v. Holder

U.S. Court of Appeals for the Ninth Circuit
Garcia Cruz v. Holder, 360 F. App'x 927 (9th Cir. 2009)
Goodwin, Wallace, Fisher

Garcia Cruz v. Holder

Opinion

MEMORANDUM **

Jairo Alvarez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his motion to reopen in order to apply for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002), we deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion by denying Alvarez’s motion to reopen, *928 because the agency considered the evidence he submitted and acted within its broad discretion in determining that reopening was not warranted. See id. at 1039 (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law.”).

We lack jurisdiction to review the agency’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). 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.

Reference

Full Case Name
Jairo ALVAREZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent
Status
Unpublished