Veasna Kang v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit December 16, 2014

Veasna Kang v. Eric Holder, Jr., 588 F. App'x 617 (9th Cir. 2014)

Opinion

MEMORANDUM **

Veasna Kang petitions for review of an order of the Board of Immigration Appeals dismissing her appeal from an immigration judge’s decision denying her motion to reopen proceedings and refusing to reopen proceedings sua sponte. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition.

1. Kang has failed to exhaust her administrative remedies regarding any argument for equitable tolling of her time-barred motion to reopen, and we therefore lack jurisdiction to address this argument. Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).

2. The decision whether to reopen proceedings sua sponte is committed to agency discretion and not reviewable by this court. Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).

DISMISSED.

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

Reference

Full Case Name: Veasna KANG, AKA Veasna Sandy Kang, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status: Unpublished