U.S. Court of Appeals for the Ninth Circuit, 2011

Ricardo Perez-Orellano v. Eric Holder, Jr.

Ricardo Perez-Orellano v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 24, 2011 · Farris, Leavy, Bybee
423 F. App'x 746

Ricardo Perez-Orellano v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Ricardo Perez-Orellano, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Mohammed v. Gonzales, *747 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Perez-Orellano’s motion to reopen as untimely where Perez-Orellano filed it more than 11 years after his deportation order became final, and Perez-Orellano has not met any of the exceptions to the filing limitations. See 8 C.F.R. § 1003.2(c)(1)-(3).

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). If we had jurisdiction to review the BIA’s decision, we would find no abuse of discretion.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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

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