Jamaal Barrett v. Loretta E. Lynch

Good Law
613 F. App'x 675
United States Court of Appeals for the Ninth CircuitSeptember 1, 201513-73953California120 words

Opinion

MEMORANDUM

Jamaal Aurelio Barrett, a native and citizen of Panama, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We dismiss the petition for review.

We lack jurisdiction to consider the BIA’s discretionary decision not to reopen sua sponte pursuant to 8 C.F.R. § 1003.2 (a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011); see also Matter of G-D-, 22 I. & N. Dec. 1132, 1135 (BIA 1999) (BIA’s consideration of whether a fundamental change in the law warrants reopening involves an exercise of its sua sponte authority).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.