Lorena Hernandez v. Eric Holder, Jr.

MEMORANDUM

Lorena G. Hernandez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings conducted in ab-sentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion by denying Hernandez’s motion to reopen as untimely, see 8 C.F.R. § 1003.23 (b)(4)(ii), and Hernandez failed to establish materially changed country conditions in El Salvador warranting reopening. See 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 986-87 .

Finally, we lack jurisdiction to review the BIA’s discretionary decision to not reopen removal proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011).

This dismissal is without prejudice to petitioner’s seeking prosecutorial discretion or deferred action from the Department of Homeland Security. See Reno v. American-Arab Anti-Discrimination Committee (AADC), - 525 U.S. 471, 483-85 , 119 S.Ct. 936 ,…