Julian Pineda-Muralles v. Eric Holder, Jr.

MEMORANDUM

Julian Pineda-Muralles, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings and reconsider its previous decision. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s determination that the evidence Pineda-Muralles submitted with his motion to reopen was insufficient to warrant reopening where the evidence presented concerns the same discretionary grounds involved in the original decision. See Fernandez v. Gonzales, 439 F.3d 592, 600-01 (9th Cir.2006).

To the extent Pineda-Muralles contends that the BIA abused its discretion by failing to exercise its authority to sua sponte reconsider or reopen his case, we lack jurisdiction to consider that issue. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011).

In his opening brief, Pineda-Muralles fails to raise, and therefore has waived, any challenge to the BIA’s determination that his motion to reconsider was untimely. See Rizk v. Holder, 629 F.3d 1083 , 1091 n. 3 (9th Cir.2011). In light of this…