445 F. App'x 28

Adan MAGANA-GARZA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 10-71057.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 22, 2011.

Howard James McClure, Esquire, Howard J. McClure, Esq., Oxnard, CA, for Petitioner.

Dana Michelle Camilleri, 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.

*29Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

MEMORANDUM **

Adan Magana-Garza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Magana-Garza’s due process claim fails because he did not identify any error in the agency’s denial of his motion to reopen. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice for a petitioner to prevail on a due process claim).

We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 824 (9th Cir.2011).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

Magana-Garza v. Holder
445 F. App'x 28

Case Details

Name
Magana-Garza v. Holder
Decision Date
Jul 22, 2011
Citations

445 F. App'x 28

Jurisdiction
United States

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