U.S. Court of Appeals for the Ninth Circuit, 2016

Sergio Garcia-Camacho v. Loretta Lynch

Sergio Garcia-Camacho v. Loretta Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided October 5, 2016 · Tashima, Silverman, Smith
659 F. App'x 441

Sergio Garcia-Camacho v. Loretta Lynch

Opinion

MEMORANDUM **

Sergio Ricardo Garcia-Camacho, a native and citizen of Mexico, petitions for *442 review of the Board of Immigration Appeals’ order denying his motion to reopen removal proceedings conducted in absen-tia. We dismiss the petition for review.

We lack jurisdiction to review the agency’s decision not to reopen proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); cf. Bonilla v. Lynch, No. 12-73853, 2016 WL 3741866, at *10 (9th Cir. July 12, 2016). We decline to re-examine our holding in Ekimian v. INS, 303 F.3d 1153 (9th Cir. 2002), because a three-judge panel cannot reconsider or overrule circuit precedent in the absence of an intervening Supreme Court or en banc decision. See Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011).

PETITION FOR REVIEW DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provid *442 ed by 9th Cir. R. 36-3.

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