Opinion
No. 13-71170
08-15-2014
MEIEN LI, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A096-057-365 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Meien Li, a native and citizen of China, petitions for review of a Board of Immigration Appeals ("BIA") order denying her motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir. 2001) (en banc), and we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Li's motion to reopen as untimely where the motion was filed more than three years after the BIA's final order of removal, see 8 C.F.R. § 1003.2(c)(2), and she has not demonstrated that an exception to the time limitations on motions applies, see id; Socop-Gonzalez, 272 F.3d at 1193. Contrary to Li's contention, the BIA adequately addressed her contentions regarding the impact recent BIA decisions had on her eligibility for relief under INA § 237(a)(1)(H). See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (the BIA "must consider the issues raised, and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted").
We lack jurisdiction to consider the BIA's discretionary decision not to reopen sua sponte pursuant to 8 C.F.R. § 1003.2(a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); see also Matter of G-D-, 22 I. & N. Dec. 1132, 1135 (BIA 1999) (BIA's consideration of whether a fundamental change in the law warrants reopening involves an exercise of its sua sponte authority).
In light of this disposition, we need not reach Li's remaining contentions.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.