Ahmed Muyingo v. Eric Holder, Jr.

MEMORANDUM

Ahmed Zzizinga Muyingo, a native and citizen of Uganda, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his fourth motion to reopen proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for an abuse of discretion the BIA’s denial of the motion to reopen, see Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny the petition for review.

Muyingo contends that the agency wrongly ordered him deported before there was a final judgment in his state criminal case and also contends that his conviction for violating Oregon Revised Statute § 163.411 is not an aggravated felony conviction. Muyingo’s petition for review of these legal issues is untimely, and we therefore lack jurisdiction to consider these issues. See 8 U.S.C. § 1252 (b)(1); Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir.2005) (en banc).

To the extent that Muyingo contends that the BIA abused its discretion by failing to exercise its authority to sua sponte reopen his case, we lack jurisdiction to consider that issue as well. See Minasyan v. Mukasey, 553 F.3d 1224, 1229 (9th Cir.2009) (recognizing that this court does not have…