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SINGH v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Davinder SINGH, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-70694

Decided: May 30, 2019

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

Kiran K. Nair, Esquire, Attorney, K Nair Law Group, P.C., San Juan Capistrano, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Nehal Kamani, Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Davinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s discretionary decision not to reopen proceedings sua sponte, where Singh’s contentions do not amount to colorable constitutional claims or questions of law. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (jurisdiction to review BIA decisions denying sua sponte reopening is limited to reviewing the reasoning behind the decisions for legal or constitutional error); see also Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“To be colorable in this context, ․ the claim must have some possible validity.” (citation and internal quotation marks omitted)); Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (BIA is only required to “announce its decision in terms sufficient to enable” review).

PETITION FOR REVIEW DISMISSED.

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SINGH v. BARR (2019)

Docket No: No. 18-70694

Decided: May 30, 2019

Court: United States Court of Appeals, Ninth Circuit.

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