REYNOSO-CISNEROS V. HOLDER, No. 08-70766 (9th Cir. 2013)

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FILED JAN 16 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARIA DOLORES REYNOSOCISNEROS, No. 08-70766 Agency No. A092-554-471 Petitioner, MEMORANDUM* v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 5, 2012** Pasadena, California Before: D.W. NELSON and O SCANNLAIN, Circuit Judges, and GONZALEZ, District Judge.*** * 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). *** The Honorable Irma E. Gonzalez, District Judge for the U.S. District Court for Southern California, sitting by designation. Maria Dolores Reynoso-Cisneros petitions for review of an order of the Board of Immigration Appeals ( BIA ) denying her motion to reopen immigration proceedings following a remand for consideration on the merits by this Court. See Reynoso-Cisneros v. Gonzales, 491 F.3d 1001 (9th Cir. 2007). [W]e do not have jurisdiction to review [the] claim that the BIA should have exercised its sua sponte power to grant Reynoso-Cisnero s motion to reopen. Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002). [B]ecause the decision of the BIA whether to invoke its sua sponte authority is committed to its unfettered discretion, we dismiss for lack of jurisdiction. Id. (quoting Luis v. INS, 196 F.3d 36, 40 (1st Cir. 1999)) (emphasis omitted). DISMISSED. 2

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