JUN CUI v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

JUN CUI, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-71041

Decided: August 26, 2019

Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.

Samuel Insoo Mok, Esquire, Attorney, Law Offices of Samuel I. Mok, Saipan, MP, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Juria L. Jones, Trial Attorney, Rosanne Perry, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Jun Cui, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

Cui’s contentions that the BIA misapprehended applicable law and insufficiently explained its decision are not supported by the record. We lack further jurisdiction to review the BIA’s discretionary sua sponte determination. 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 DENIED in part; DISMISSED in part.

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