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

Patrick Karanja v. Eric Holder, Jr.

Patrick Karanja v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 4, 2011 · Rymer, Thomas, Paez
430 F. App'x 645

Patrick Karanja v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Souguech Hong, a native and citizen of Cambodia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceeding, see Mejia-Hernandez v. Holder, 633 F.3d 818 (9th Cir. 2011). We also lack jurisdiction to review Hong’s contention regarding equitable tolling because Hong failed to exhaust this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

Finally, we lack jurisdiction to review the BIA’s September 23, 2005, order denying Hong’s underlying appeal because this petition for review is not timely as to that order. See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

Hong’s remaining contention is unpersuasive.

PETITION FOR REVIEW DISMISSED in part; DENIED 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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