Singh

MEMORANDUM **

Gurcharan Singh (“Petitioner”) filed a timely petition with this court seeking review of the Board of Immigration Appeal’s (“BIA”) decision not to reopen his removal proceedings. The BIA did not reopen Petitioner’s removal proceedings because his motion to reopen was untimely.

A petition to reopen a removal proceeding must be filed within ninety days of the BIA’s final administrative decision. 8 C.F.R. § 3.2 (2003). 1 There are four exceptions to this ninety-day rule, but none of them is relevant to Petitioner’s case. The only other way the BIA can review an untimely motion to reopen, including Petitioner’s, is by exercising its sua sponte power. 8 C.F.R. § 3.2 (a) (“The Board may at any time reopen or reconsider on its own motion any case in which it has rendered a decision.”).

“[T]he decision of the BIA whether to invoke its sua sponte authority is committed to its unfettered discretion. Therefore, the very nature of the claim renders it not subject to judicial review.” Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002) (quoting Luis v. INS, 196 F.3d 36, 40 (1st Cir.1999)). We lack jurisdiction to review this claim.

To the extent that Petitioner argues that…