VEASNA KANG V. ERIC HOLDER, JR., No. 11-71166 (9th Cir. 2014)

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FILED DEC 16 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT VEASNA KANG, AKA Veasna Sandy Kang, No. 11-71166 Agency No. A025-264-764 Petitioner, MEMORANDUM* v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 12, 2014** San Francisco, California Before: O’SCANNLAIN, N.R. SMITH, and HURWITZ, Circuit Judges. Veasna Kang petitions for review of an order of the Board of Immigration Appeals dismissing her appeal from an immigration judge’s decision denying her * 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). motion to reopen proceedings and refusing to reopen proceedings sua sponte. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition. 1. Kang has failed to exhaust her administrative remedies regarding any argument for equitable tolling of her time-barred motion to reopen, and we therefore lack jurisdiction to address this argument. Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). 2. The decision whether to reopen proceedings sua sponte is committed to agency discretion and not reviewable by this court. Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011). DISMISSED. 2

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