GAREN SHAMEYAN V. LORETTA E. LYNCH, No. 14-70987 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 19 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GAREN SHAMEYAN, No. Petitioner, 14-70987 Agency No. A045-639-232 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 8, 2016** Pasadena, California Before: CALLAHAN, BEA, and IKUTA, Circuit Judges. Garen Shameyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’s (BIA) denial of his motion to reconsider and reopen. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Shameyan’s only argument on appeal—that the BIA erred in not reopening his case in light of our decision in Quintero-Salazar v. Keisler, 506 F.3d 688 (9th Cir. 2007)—involves an exercise of the BIA’s sua sponte authority.1 See In re G–D–, 22 I. & N. Dec. 1132, 1135 (BIA 1999). Shameyan does not claim that the BIA made any legal or constitutional error, cf. Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016), and we lack jurisdiction to review the BIA’s discretionary decision not to reopen proceedings sua sponte, see Mejia–Hernandez v. Holder, 633 F.3d 818, 823–24 (9th Cir. 2011). PETITION DISMISSED. 1 Shameyan waived his claims that the BIA erred in rejecting Dr. Jasmine Tehrani’s psychological evaluation, and that the BIA erred in reaffirming its prior decision denying equitable tolling. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996). 2

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