MEMORANDUM **

Ignacio Aguilar-Ixtas, a native and citizen of Mexico, 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), and we deny in part and dismiss in part the petition for review.

Aguilar-Ixtas did not raise, and has therefore waived, any challenge to the BIA’s denial of his motion as untimely. See Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir. 2011) (issues not raised in the opening brief are waived).

The record does not support Aguilar-Ixtas’ contention that the BIA failed to consider the correct basis for his hardship claim, where the BIA’s decision evaluated hardship “upon remaining in this country or upon returning” to Mexico.

We lack jurisdiction to review the BIA’s decision not to reopen 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.