MORA ZENDEJAS v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

David MORA-ZENDEJAS, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-70464

Decided: March 18, 2019

Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.

Miguel Angel Olano, Miguel Olano, Attorney at Law, Los Angeles, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Daniel Shieh, Esquire, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

David Mora-Zendejas, a native and citizen of Mexico and legal permanent resident, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s order denying his motion to reopen deportation proceedings conducted in absentia. We dismiss the petition for review.

We lack jurisdiction to consider Mora-Zendejas’s fact-based contentions regarding the agency’s decision to deny reopening sua sponte, where he did not raise a legal or constitutional error that would invoke our jurisdiction. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (court can review BIA decisions denying sua sponte reopening only for the limited purpose of reviewing the reasoning behind the decision for legal or constitutional error).

PETITION FOR REVIEW DISMISSED.

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