JOSE VALERIO-GARCIA V. MERRICK GARLAND, No. 20-70947 (9th Cir. 2023)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JAN 23 2023 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOSE VALERIO-GARCIA, Petitioner, No. U.S. COURT OF APPEALS 20-70947 Agency No. A200-244-733 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 18, 2023** Before: GRABER, PAEZ, and NGUYEN, Circuit Judges. Jose Valerio-Garcia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Najmabadi v. * 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). Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the petition for review. Because Valerio-Garcia does not challenge the BIA’s determination that he failed to establish equitable tolling of the time bar for motions to reopen, this issue is waived. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived). We lack jurisdiction to review the BIA’s denial of sua sponte reopening, where Valerio-Garcia has not asserted legal or constitutional error. See Lona v. Barr, 958 F.3d 1225, 1227 (9th Cir. 2020) (denial of sua sponte reopening is committed to agency discretion and unreviewable). The temporary stay of removal remains in place until the mandate issues. PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2

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