Mayorga-Moran

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order ‘denying petitioner’s motion to reopen removal proceedings.

*619 The regulations provide that a party may file a motion to reopen “no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened....” See 8 C.F.R. § 1003.2 (c)(2). Therefore, the BIA did not abuse its discretion in affirming the decision of the Immigration Judge not to grant petitioner’s motion to reopen, filed more than 13 years after issuance of the administrative order in petitioner’s case. See id.

The regulations further provide that the BIA “may review questions of law, discretion and judgment and all other issues in appeals from decisions of immigration judges de novo.” See 8 C.F.R. § 1003.1 (d)(3)(ii). Therefore, the BIA did not abuse its discretion in determining that petitioner had failed to establish “exceptional circumstances” for why the Immigration Judge should have granted her motion to reopen sua sponte, and in not remanding the application to the Immigration Judge. See Movsisian v. Ashcroft, 395 F.3d 1095 (9th Cir.2005).

Accordingly,…