Norma Roa v. Eric H. Holder Jr., No. 08-73027 (9th Cir. 2011)
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FILED JAN 06 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT NORMA ROA, No. 08-73027 Petitioner, Agency No. A023-098-518 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges. Norma Roa, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion the * 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). denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), we deny the petition for review. The BIA did not abuse its discretion in denying Roa s second motion to reopen as time- and number-barred where the successive motion was filed more than two years after the BIA s August 8, 2005, order dismissing her underlying appeal, and Roa failed to demonstrate that she qualified for any exception to the time and number limits. See 8 C.F.R. § 1003.2(c)(2)-(3). To the extent we have jurisdiction to review the BIA s decision not to invoke its sua sponte authority, the BIA acted within its broad discretion in declining to reopen proceedings under 8 C.F.R. § 1003.2(a). Roa s remaining contentions are unavailing. PETITION FOR REVIEW DENIED. 2 08-73027
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