DAVID MORA-ZENDEJAS V. WILLIAM BARR, No. 17-70464 (9th Cir. 2019)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAR 18 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT DAVID MORA-ZENDEJAS, Petitioner, No. U.S. COURT OF APPEALS 17-70464 Agency No. A013-618-739 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 12, 2019** Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges. David Mora-Zendejas, a native and citizen of Mexico and legal permanent resident, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s order denying his motion to reopen deportation proceedings conducted in absentia. We dismiss the petition for * 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). review. We lack jurisdiction to consider Mora-Zendejas’s fact-based contentions regarding the agency’s decision to deny reopening sua sponte, where he did not raise a legal or constitutional error that would invoke our jurisdiction. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (court can review BIA decisions denying sua sponte reopening only for the limited purpose of reviewing the reasoning behind the decision for legal or constitutional error). PETITION FOR REVIEW DISMISSED. 2 17-70464

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