SERGIO GARCIA-CAMACHO V. LORETTA LYNCH, No. 15-71543 (9th Cir. 2016)

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FILED OCT 05 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SERGIO RICARDO GARCIACAMACHO, No. 15-71543 Agency No. A092-518-693 Petitioner, MEMORANDUM* v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 27, 2016** Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges. Sergio Ricardo Garcia-Camacho, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen removal proceedings conducted in absentia. We dismiss the petition for review. * 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). We lack jurisdiction to review the agency’s decision not to reopen proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); cf. Bonilla v. Lynch, No. 12-73853, 2016 WL 3741866, at *10 (9th Cir. July 12, 2016). We decline to re-examine our holding in Ekimian v. INS, 303 F.3d 1153 (9th Cir. 2002), because a three-judge panel cannot reconsider or overrule circuit precedent in the absence of an intervening Supreme Court or en banc decision. See Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011). PETITION FOR REVIEW DISMISSED. 2 15-71543

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