Sharma
Sharma v. Gonzales
Opinion
Lead Opinion
MEMORANDUM *
In this consolidated petition for review, petitioner Sashi Lata Sharma seeks review *752 of two orders of the Board of Immigration Appeals: a January 8, 2004 order denying her motion to reopen proceedings, and a March 5, 2004 order denying her motion to reconsider. 1 Because the details of the extensive prior proceedings in this case are well known to the parties, we discuss them here only to the extent necessary to explain our decision to deny the petition.
To begin, we note that the majority of Petitioner’s arguments on appeal are styled as an attack on the BIA’s decision not to exercise its sua sponte authority to reopen removal proceedings at any time, a decision which is firmly committed to agency discretion and is not reviewable. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002). Our review is therefore limited to Petitioner’s attacks on the BIA’s factual findings, interpretations of law, and questions of a constitutional nature, which we may properly review.
An alien may file one motion to reopen. 8 U.S.C. § 1229a(c)(7) (2005). The BIA properly determined that Petitioner’s October 22, 2003 motion to reopen is number-barred. Petitioner filed a prior…