Ertur
Ertur v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Bulent Ertur, a native of Turkey and citizen of Germany, petitions for review of the Immigration Judge’s (“IJ”) order denying his motion to reconsider an order denying his motion to reopen to apply for relief under the Violence Against Women Act (‘VAWA”). Because Ertur was removed during the pendency of his appeal before the Board of Immigration Appeals (“BIA”), the appeal was withdrawn by operation of law, and the decision of the IJ is reviewed as the final order of removal. See 8 C.F.R. § 1003.4 . We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reconsider for abuse of discretion, see Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). We dismiss in part and deny in part the petition for review.
To the extent Ertur challenges the IJ’s decision declining to exercise his sua sponte authority to reopen proceedings, we lack jurisdiction to consider his claim. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002). We also lack jurisdiction to review the BIA’s order denying a motion for a stay of removal. See Dhangu v. INS, 812 F.2d 455, 458-59 (9th Cir.1987).