Maria Hurtado-Castellanos v. Eric Holder, Jr.
Maria Hurtado-Castellanos v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Reina Rafaela Zet, native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order denying her motion to reopen proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review the denial of a motion to reopen for an abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny in part and dismiss in part the petition for review.
The BIA acted within its discretion in denying Zet’s motion to reopen because it was filed more than ninety days after the BIA’s final deportation order, see 8 C.F.R. § 1003.2(c)(2), and Zet has not identified any exceptions to the ninety-day time limitation that apply, see id. § 1003.2(c)(3).
We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen deportation proceedings 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”) (emphasis omitted).
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.