Ledis Virginia Sandoval-Ramirez v. U.S. Attorney General, No. 20-10432 (11th Cir. 2021)
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USCA11 Case: 20-10432 Date Filed: 02/01/2021 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-10432 Non-Argument Calendar ________________________ Agency No. A099-670-495 LEDIS VIRGINIA SANDOVAL-RAMIREZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (February 1, 2021) Before MARTIN, NEWSOM, and ANDERSON, Circuit Judges. PER CURIAM: Ledis Virginia Sandoval-Ramirez seeks review of a Bureau of Immigration Appeals (BIA) decision affirming the Immigration Judge’s (IJ) denial of her USCA11 Case: 20-10432 Date Filed: 02/01/2021 Page: 2 of 3 motion to reopen her removal proceedings. Sandoval-Ramirez argues that the BIA did not properly weigh the evidence she proffered of the changed country conditions in Honduras and her well-founded fear of future persecution. After careful consideration, we dismiss her petition for lack of jurisdiction. Sandoval-Ramirez is a native and citizen of Honduras who entered the United States without inspection with her two daughters in 2006. SandovalRamirez did not attend her removal proceedings in 2006 and was ordered removed in absentia. In 2019, she moved to rescind that order and reopen her case so that she could pursue an asylum claim based on changed conditions in Honduras. The IJ denied her motion and the BIA affirmed on the basis that she had been personally served with the Notice to Appear for her 2006 removal proceedings and that the IJ did not err in declining to exercise its sua sponte authority to reopen removal proceedings. Sandoval-Ramirez timely filed a petition for review. Sandoval-Ramirez challenges only the BIA’s denial of her motion to reopen so that she could pursue asylum, withholding of removal, and relief under the Convention Against Torture. She maintains that the BIA failed to “adequately weigh the new and material evidence” she presented in support of her claims for relief. Sandoval-Ramirez argues that we should review this decision for abuse of discretion, but we lack jurisdiction to review the BIA’s discretionary decision 2 USCA11 Case: 20-10432 Date Filed: 02/01/2021 Page: 3 of 3 whether to reopen removal proceedings pursuant to its sua sponte authority. Lenis v. U.S. Att’y Gen., 525 F.3d 1291, 1293 (11th Cir. 2008). PETITION DISMISSED. 3
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