Haffner
Haffner v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM *
Princess Marian Haffner, a native and citizen of Sierra Leone, petitions this court for review of a Board of Immigration Appeals (BIA) decision dismissing her appeal of an Immigration Judge’s (IJ’s) denial of *894 her motion to reconsider the IJ’s closure of removal proceedings. As the parties are familiar with the facts, we discuss only those necessary to our analysis.
We lack jurisdiction to review the BIA’s discretionary decision not to reopen the case sua sponte. Abassi v. INS, 305 F.3d 1028 (9th Cir.2002); Ekimian v. INS, 303 F.3d 1153 (9th Cir.2002). We therefore dismiss Ms. Haffner’s petition insofar as it seeks review of that exercise of the BIA’s sua sponte discretion.
We review for abuse of discretion the BIA’s dismissal of Ms. Haffner’s appeal of the IJ’s denial of her motion to reconsider or reopen. Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir.2001) (en banc); Padillar-Agustin v. INS, 21 F.3d 970, 973 (9th Cir.1994). Because the BIA did not abuse its discretion in this case, we deny the remainder of Ms. Haffner’s petition.
Ms. Haffner filed a timely motion to reopen on September 10, 1999 but did not file an appeal to the BIA of the denial of…