Herrera-Castaneda

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 22 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAVIER HERRERA-CASTANEDA, No. 23-3171 Agency No. Petitioner, A095-723-057 v. MEMORANDUM*

JAMES R. MCHENRY III, Acting Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted January 17, 2025** Pasadena, California

Before: TALLMAN, FRIEDLAND, and BENNETT, Circuit Judges.

Petitioner Javier Herrera-Castaneda, native and citizen of Mexico, seeks

review of the Board of Immigration Appeals (“BIA”) order denying his third

motion to reopen removal proceedings and declining to grant sua sponte reopening.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). “We review a BIA ruling on a motion to reopen for an abuse of discretion, and will

reverse the denial of a…