PANTALEON SIERRA v. SESSIONS III (2018)

United States Court of Appeals, Ninth Circuit.

Eduardo Mizael PANTALEON-SIERRA, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 16-71285

Decided: March 20, 2018

Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.

Gary Finn, Law Offices of Gary Finn, Indio, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Michele Yvette Frances Sarko, Esquire, Attorney, DOJ—U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Eduardo Mizael Pantaleon-Sierra, 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. We dismiss the petition for review.

Our jurisdiction to review the agency’s decision denying sua sponte reopening is limited to reviewing for error its legal or constitutional basis. Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016). Pantaleon-Sierra’s contention that the agency did not address his due process claims is not supported, and thus does not raise a colorable legal or constitutional claim to invoke jurisdiction. See id.; INS v. Abudu, 485 U.S. 94, 105, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (in motion to reopen cases in which the ultimate grant of relief is discretionary the BIA can determine that, even considering the newly proffered evidence, the movant would not be entitled to the discretionary grant of relief).

PETITION FOR REVIEW DISMISSED.

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