Jorge Barahona Paiz v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Jorge Barahona Paiz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen deportation 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). We deny in part and dismiss in part the petition for review.
The agency did not abuse its discretion in denying Barahona Paiz’s motion to reopen as untimely where the motion was filed more than twelve years after his deportation order became final. See 8 C.F.R. § 1003.23 (b)(1) (motion to reopen must be filed within 90 days of final administrative order or before September 30, 1996, whichever is later).
In light of our disposition, we need not address Barahona Paiz’s contention regarding his eligibility for cancellation of removal.
We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2 (a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 824 (9th Cir.2011).