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Magana-Garza v. Holder

United States Court of Appeals, Ninth Circuit
Jul 22, 2011
445 F. App'x 28 (9th Cir. 2011)

Opinion

No. 10-71057.

Submitted July 12, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

July 22, 2011.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A075-112-168.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Adan Magana-Garza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

Magana-Garza's due process claim fails because he did not identify any error in the agency's denial of his motion to reopen. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice for a petitioner to prevail on a due process claim).

We lack jurisdiction to review the BIA's decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 824 (9th Cir. 2011).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Magana-Garza v. Holder

United States Court of Appeals, Ninth Circuit
Jul 22, 2011
445 F. App'x 28 (9th Cir. 2011)
Case details for

Magana-Garza v. Holder

Case Details

Full title:ADAN MAGANA-GARZA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 22, 2011

Citations

445 F. App'x 28 (9th Cir. 2011)