Emilio Aguirre v. Loretta E. Lynch
Opinion
Opinion
MEMORANDUM
Emilio Aguirre, native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order 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 BIA did not abuse its discretion in denying Aguirre’s fifth motion to reopen, filed over seven years after his order of removal became final, as time- and number-barred. See 8 U.S.C. § 1229a(c)(7)(A), (C)(i). Nor has Aguirre established that any statutory or regulatory exception applies. See 8 U.S.C. § 1229a(c)(7)(C); 8 C.F.R. § 1003.2 (c)(3).
We lack jurisdiction to consider Aguirre’s asylum claim, where he failed to exhaust the claim before the agency in his fifth motion to reopen. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).
We also lack jurisdiction to review the BIA’s decision not to reopen proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011).
Aguirre’s remaining contentions are unpersuasive.