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

Adan Magana-Garza v. Eric Holder, Jr.

Adan Magana-Garza v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 22, 2011 · Schroeder, Alarcón, Leavy
445 F. App'x 28

Adan Magana-Garza v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Adan Magana-Garza, 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 removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

Magana-Garza’s due process claim fails because he did not identify any error in the agency’s denial of his motion to reopen. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice for a petitioner to prevail on a due process claim).

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 Mejia-Hernandez v. Holder, 633 F.3d 818, 824 (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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