613 F. App'x 675

Jamaal Aurelio BARRETT, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

No. 13-73953.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 25, 2015.*

Filed Sept. 1, 2015.

R. Wayne McMillan, Law Office of R. Wayne McMillan, Pasadena, CA, for Petitioner.

Aimee J. Carmichael, Trial, Oil, DOJ-U.S., Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.

MEMORANDUM **

Jamaal Aurelio Barrett, a native and citizen of Panama, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We dismiss the petition for review.

We lack jurisdiction to consider the BIA’s discretionary decision not to reopen sua sponte pursuant to 8 C.F.R. § 1003.2(a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011); see also Matter of G-D-, 22 I. & N. Dec. 1132, 1135 (BIA 1999) (BIA’s consideration of whether a fundamental change in the law warrants reopening involves an exercise of its sua sponte authority).

PETITION FOR REVIEW DISMISSED.

Barrett v. Lynch
613 F. App'x 675

Case Details

Name
Barrett v. Lynch
Decision Date
Sep 1, 2015
Citations

613 F. App'x 675

Jurisdiction
United States

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