FILED

NOT FOR PUBLICATION APR 18 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT MARIA CARMEN CORONEL-ORTIZ, No. 07-71946

Petitioner, Agency No. A078-535-463 v.

MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges.

Maria Carmen Coronel-Diaz, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals denying, as untimely and numerically–barred, her second motion to reopen removal proceedings. The

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). BIA declined to exercise its sua sponte authority to reopen under 8 C.F.R. § 1003.2(a).

Coronel-Diaz argues that the BIA should have sua sponte reopened removal proceedings, and should have excused her untimely and numerically-barred motion to reopen.

We lack jurisdiction to review the BIA’s discretionary decision whether to exercise its sua sponte authority to reopen under § 8 C.F.R. § 1003.2(a). See Ekimian v. INS, 303 F.3d 1153, 1159-60 (9th Cir. 2002). Accordingly, we dismiss Coronel-Diaz’s petition for lack of jurisdiction.

DISMISSED.

2 07-71946