Vilma Chavez De Perdomo v. Eric Holder, Jr.

MEMORANDUM

Vilma Gladis Chavez De Perdomo, a native and citizen of El Salvador, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying as untimely Chavez De Perdomo’s motion to reopen to seek adjustment of status, where she failed to establish any exception to the filing deadline for motions to reopen. See 8 C.F.R. § 1003.2 (c)(2) (requiring motions to reopen not qualifying for an exception to comply with the general 90-day filing deadline); see also Toufighi, 538 F.3d at 993 (noting that a “motion to reopen to apply for adjustment of status” is “still bound by the usual ninety-day deadline for motions to reopen”).

We lack jurisdiction to review either the BIA’s refusal to exercise its sua sponte authority to reopen Chavez De Perdomo’s removal proceedings, see Toufighi, 538 F.3d at 993 n. 8, or Chavez De Perdomo’s request…