Alcaraz

MEMORANDUM **

This is a petition for review from an order by the Board of Immigration Appeals (“BIA”) denying petitioners’ motion to reopen the decision finding them ineligible for cancellation of removal. Respondent has moved to dismiss, which we construe as a motion to dismiss and a motion for summary denial of the petition.

The BIA declined to exercise its discretionary authority to grant the motion to reopen sua sponte. Because we do “not have jurisdiction to review the BIA’s refusal to reopen deportation proceedings sua sponte,” Ekimian v. INS, 303 F.3d 1153, 1160 (9th Cir.2002), respondent’s motion to dismiss this petition for review for lack of jurisdiction is granted. To the extent petitioner requests that we overrule Ekimian , that request is denied. See United States v. Rodriguez-Lara, 421 F.3d 932, 943 (9th Cir.2005) (noting that “a three-judge panel may not overrule [the binding precedent of our circuit] absent intervening Supreme Court or en banc authority”).

The BIA did not abuse its discretion in denying petitioners’ motion to reopen filed more than a year after the BIA’s final order of removal because the motion to reopen was untimely. See 8 C.F.R. § 1003.2 (c);…