Ricardo Perez-Orellano v. Eric Holder, Jr., No. 09-71560 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 24 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RICARDO PEREZ-ORELLANO, Petitioner, No. 09-71560 Agency No. A072-894-158 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. Ricardo Perez-Orellano, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s decision denying his motion to reopen. Our jurisdiction is * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review. The agency did not abuse its discretion in denying Perez-Orellano s motion to reopen as untimely where Perez-Orellano filed it more than 11 years after his deportation order became final, and Perez-Orellano has not met any of the exceptions to the filing limitations. See 8 C.F.R. § 1003.2(c)(1)-(3). We lack jurisdiction to review the BIA s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002). If we had jurisdiction to review the BIA s decision, we would find no abuse of discretion. PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 09-71560

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