GERARDO NUNEZ-FERNANDEZ V. LORETTA E. LYNCH, No. 14-72784 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION NOV 3 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT GERARDO NUNEZ-FERNANDEZ, Petitioner, v. No. U.S. COURT OF APPEALS 14-72784 Agency No. A075-767-056 MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 25, 2016** Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges. Gerardo Nunez-Fernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Tamang v. Holder, 598 F.3d 1083, 1088 (9th * 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). Cir. 2010). We deny the petition for review. We generally lack jurisdiction to review the BIA’s discretionary decision not to reopen proceedings sua sponte, but retain limited jurisdiction to review for legal or constitutional error. Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); Bonilla v. Lynch, No. 12-73853, 2016 WL 6127064, at *11 (9th Cir. October 20, 2016). Nunez-Fernandez’s contention that it is unclear whether the BIA used the proper legal framework is not supported by the record, where the BIA stated the “exceptional circumstance” standard and cited pertinent legal authority. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009). PETITION FOR REVIEW DENIED. 2 14-72784

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