U.S. Court of Appeals for the Ninth Circuit, 2010

Irma Barco-Guerra v. Eric H. Holder Jr.

Irma Barco-Guerra v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 30, 2010 · Fletcher, Reinhardt, Wardlaw
390 F. App'x 667

Irma Barco-Guerra v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Irma Consuelo Barco-Guerra, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing for abuse of discretion, Iturri-barria v. INS, 321 F.3d 889, 894 (9th *668 Cir. 2003), we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Barco-Guerra’s motion to reopen as untimely because it was filed over ten years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Barco-Guerra failed to demonstrate eligibility for any of the regulatory exceptions to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3). Because the untimeliness determination is dispositive, we do not reach Barco-Guerra’s remaining contentions.

We lack jurisdiction to review the BIA’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.

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