Delgadillo-Mejia

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 15 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE MARIA DELGADILLO-MEJIA, No. 21-1201

Petitioner, Agency No. A205-467-286

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted May 11, 2023** San Francisco, California

Before: MURGUIA, Chief Judge, and FRIEDLAND and BENNETT, Circuit Judges.

Jose Maria Delgadillo-Mejia petitions for review of a Board of

Immigration Appeals (“BIA”) order refusing to sua sponte reopen his removal

proceedings. “When the BIA denies sua sponte reopening . . . as a matter of

discretion, we lack jurisdiction to review that decision, although we retain

jurisdiction to review the denial of sua sponte reopening for ‘legal or

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P.…