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

Xyuam Tchieng v. Eric Holder, Jr.

Xyuam Tchieng v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 28, 2011 · Canby, O'Scannlain, Fisher
440 F. App'x 576

Xyuam Tchieng v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Xyuam Xim Tchieng, a native and citizen of France, petitions for review of the Board of Immigration Appeals’ (“BIA”) or *577 der 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, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Tchieng’s third motion to reopen, filed over two years after the BIA’s final order, as untimely and number-barred. See 8 C.F.R. § 1003.2(c)(2).

We lack jurisdiction to review the BIA’s refusal to reopen removal proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).

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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