Oliver Schaper v. Eric Holder, Jr.

MEMORANDUM

Oliver Schaper, a native and citizen of Germany, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Schaper’s challenges to the IJ’s June 4, 2010, order denying his application for asylum, withholding'of removal, and protection under the Convention Against Torture because Schaper did not file a petition for review of that order. See Stone v. INS, 514 U.S. 386, 405-06 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995); Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996).

The BIA did not abuse its discretion in dismissing Schaper’s appeal from an IJ’s denial of his motion to reopen because he failed to establish that it was based on evidence that was' not available and could not have been discovered or presented at the former hearings. See 8 C.F.R. § 1003.23 (b)(3);…