JOSE GALINDO-BARRERA V. WILLIAM BARR, No. 17-72257 (9th Cir. 2019)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAY 23 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOSE GALINDO-BARRERA, Petitioner, No. U.S. COURT OF APPEALS 17-72257 Agency No. A205-587-678 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 21, 2019** Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges. Jose Galindo-Barrera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. * 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). Galindo-Barrera does not raise, and therefore waives any challenge to, the BIA’s denial of his motion to reopen as untimely. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in an opening brief are waived). We lack jurisdiction to consider Galindo-Barrera’s contentions regarding the agency’s decision to deny reopening sua sponte, where he did not raise a legal or constitutional error that would invoke our jurisdiction. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (court can review BIA decisions denying sua sponte reopening only for the limited purpose of reviewing the reasoning behind the decision for legal or constitutional error). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 17-72257

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