SERGIO RICARDO GARCIA CAMACHO v. LORETTA LYNCH (2016)

MEMORANDUM*

Sergio Ricardo Garcia-Camacho, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order denying his motion to reopen removal proceedings conducted in absentia. We dismiss the petition for review.

We lack jurisdiction to review the agency's decision not to reopen proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); cf. Bonilla v. Lynch, No. 12-73853, 2016 WL 3741866, at *10 (9th Cir. July 12, 2016). We decline to re-examine our holding in Ekimian v. INS, 303 F.3d 1153 (9th Cir. 2002), because a three-judge panel cannot reconsider or overrule circuit precedent in the absence of an intervening Supreme Court or en banc decision. See Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011).

PETITION FOR REVIEW DISMISSED.