Cesar Andrade-Bolanos v. Eric Holder, Jr.

MEMORANDUM

Cesar Andrade-Bolanos, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have juris diction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Andrade-Bolanos’ motion to reopen as untimely where it was filed nearly two years after his removal order became final, see 8 C.F.R. § 1003.2 (c)(2), and An-drade-Bolanos does not qualify for any of the regulatory exceptions to the filing deadline, see 8 C.F.R. § 1003.2 (c), or equitable tolling of the filing deadline, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003).

We lack jurisdiction to review the BIA’s refusal to reopen proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011).

In light of this disposition, we do not reach Andrade-Bolanos’ underlying due process claims.

PETITION FOR REVIEW DENIED in part; DISMISSED in…