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

Angel Cano v. Holder

Angel Cano v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided May 5, 2011 · Rymer, Thomas, Paez
431 F. App'x 554

Angel Cano v. Holder

Opinion

MEMORANDUM **

Santiago Angel Cano, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order 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, 400 F.3d 785, 791-92 (9th Cir. 2005), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Angel Cano’s motion to reopen as untimely. See 8 C.F.R. § 1003.2(c)(2). 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); see also Mejia-Hernandez v. Holder, 633 F.3d 818, 824 (9th Cir. 2011) (“No significant changes have occurred since Ekimian that would allow this panel to find a sufficiently meaningful standard, and allow us to review sua sponte reopening.”).

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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