Martinez

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion for administrative closure and declining to sua sponte reopen petitioners’ removal proceedings.

Respondent’s unopposed motion for summary disposition is construed as a motion for summary disposition in part and a motion to dismiss in part. This court lacks jurisdiction to review the BIA’s refusal to reopen removal proceedings sua sponte. See Ekimian v. INS, 303 F.3d 1153, 1159-60 (9th Cir.2002). Accordingly, respondent’s unopposed motion to dismiss in part is granted.

Respondent’s unopposed motion for summary disposition in part is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). First, administrative closure is not avail *524 able after entry of a final order of removal. See Matter of Lopez-Barrios, 20 I. & N. Dec. 203 (BIA 1990). Second, to the extent that petitioners’ motion could be construed as a motion to reopen removal proceedings, the BIA did not abuse its discretion in concluding…