SINGH v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.

Satpal SINGH, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

No. 19-70250

Decided: August 02, 2021

Before: M. SMITH and OWENS, Circuit Judges, and ROBRENO,** District Judge.

Matthew Borowski, Esquire, Matthew Borowski, Buffalo, NY, for Petitioner. Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Nelle Seymour, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent.

MEMORANDUM ***

Petitioner seeks review of a Board of Immigration Appeals’ (“BIA”) decision dismissing the appeal of an Immigration Judge's (“IJ”) decision for lack of jurisdiction. Petitioner appealed the IJ's denial of his motion to reopen his credible fear determination. We dismiss the petition for lack of jurisdiction.

“We determine our own jurisdiction de novo.” Pena v. Lynch, 815 F.3d 452, 455 (9th Cir. 2016) (citing Bolanos v. Holder, 734 F.3d 875, 876 (9th Cir. 2013)). This court held in Singh v. Barr that it lacks jurisdiction over petitions seeking review of an IJ's denial of a motion to reopen credible fear proceedings. 982 F.3d 778, 784 (9th Cir. 2020) (“Read together, [8 U.S.C.] §§ 1252(a)(2)(A), (D) and 1252(e) provide clear and convincing evidence that Congress intended to deprive circuit courts of appeals of jurisdiction to review expedited removal orders and related matters affecting those orders, including underlying negative credible fear determinations ․”). Accordingly, the review Petitioner seeks is outside of our jurisdiction.

PETITION FOR REVIEW DISMISSED.

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