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Lopez-Navarro v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 18, 2018
No. 16-72459 (9th Cir. Jun. 18, 2018)

Opinion

No. 16-72459

06-18-2018

WALTER LOPEZ-NAVARRO, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A092-358-227 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Walter Lopez-Navarro, a native and citizen of Argentina, petitions 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. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Lopez-Navarro's third motion to reopen as untimely and number-barred where the motion was filed more than three years after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and where he failed to establish any of the regulatory exceptions to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3).

We lack jurisdiction to review Lopez-Navarro's challenge to the BIA's decision not to reopen sua sponte where he fails to establish any legal or constitutional errors behind the decision. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) ("[T]his court has jurisdiction to review Board decisions denying sua sponte reopening for the limited purpose of reviewing the reasoning behind the decisions for legal or constitutional error.").

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Lopez-Navarro v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 18, 2018
No. 16-72459 (9th Cir. Jun. 18, 2018)
Case details for

Lopez-Navarro v. Sessions

Case Details

Full title:WALTER LOPEZ-NAVARRO, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 18, 2018

Citations

No. 16-72459 (9th Cir. Jun. 18, 2018)