MENDEZ ALELUYA v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Lilibeth MENDEZ ALELUYA, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-72743

Decided: May 23, 2019

Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.

Guadalupe T. Garcia, Attorney, Law Offices of Guadalupe T. Garcia, West Covina, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Brooke Maurer, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Lilibeth Mendez Aleluya, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s discretionary decision not to reopen proceedings sua sponte, and Mendez Aleluya does not raise a claim of error underlying the sua sponte determination that would invoke our jurisdiction. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (the court’s jurisdiction to review BIA decisions denying sua sponte reopening is limited to reviewing the reasoning behind the decisions for legal or constitutional error).

PETITION FOR REVIEW DISMISSED.

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