U.S. Court of Appeals for the Ninth Circuit, 2015

Charles McBarango v. Loretta E. Lynch

Charles McBarango v. Loretta E. Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided September 25, 2015 · Reinhardt, Leavy, Berzon
618 F. App'x 322

Charles McBarango v. Loretta E. Lynch

Opinion

MEMORANDUM **

Charles McBarango, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. 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 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying McBarango’s second motion to reopen, filed five years after his order of removal became final, as time- and number-barred. See 8 C.F.R. § 1003.2(c)(2).

Contrary to McBarango’s contention, the BIA provided a reasoned explanation for denial. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010).

We lack jurisdiction to review the BIA’s decision not to reopen proceedings sua sponte. See Go v. Holder, 744 F.3d 604, 609-10 (9th Cir. 2014).

Because these determinations are dis-positive, we do not reach McBarango’s contentions regarding his eligibility for adjustment of status.

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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