Gurjeet KAUR, Petitioner, v. William P. BARR, Attorney General, Respondent.
Decided: December 08, 2020
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Saad Ahmad, Attorney, Fremont, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Andrew Nathan O'Malley, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent
Gurjeet Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen her removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny in part and dismiss in part the petition for review.
Kaur does not raise a challenge to, and therefore waives, the BIA's determination that her motion to reopen was untimely and that she did not establish any statutory or regulatory exception to the filing deadline. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party's opening brief are waived).
We lack jurisdiction to review the BIA's denial of sua sponte reopening, where Kaur has not raised a legal or constitutional error. See Bonilla, 840 F.3d at 588 (“[T]his court has jurisdiction to review Board decisions denying sua sponte reopening for the limited purpose of reviewing the reasoning behind the decisions for legal or constitutional error.”).
Kaur's contention that the BIA failed to sufficiently explain its reasoning fails. See Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir. 2010) (holding the BIA adequately considered evidence and sufficiently announced its decision).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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