Jesus Sanchez Oliva v. Merrick Garland

NOT FOR PUBLICATION FILED

FEB 3 2022

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JESUS A. SANCHEZ OLIVA, No. 20-72714

Petitioner, Agency No. A209-944-237

v.

MERRICK B. GARLAND, Attorney MEMORANDUM* General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 9, 2021 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: W. FLETCHER and RAWLINSON, Circuit Judges, and LIBURDI,** District Judge.

Jesus Sanchez Oliva, a native and citizen of Honduras, petitions for review of

a Board of Immigration Appeals (BIA) order denying his untimely motion to reopen

removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We deny the

petition for review in part and dismiss in part for lack of jurisdiction.

We review the BIA’s denial of motions to reopen for abuse of discretion,

Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and reverse only if the…