Opinion
20-70231
10-26-2022
ALBERTO SANCHEZ MEJIA, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
Submitted October 21, 2022
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A099-739-956
Before: KLEINFELD, CHRISTEN, and BUMATAY, Circuit Judges.
MEMORANDUM [*]
Petitioner Alberto Sanchez Mejia requests us to review the Board of Immigration Appeals's denial of his motion to reopen his removal proceedings based on changed country conditions and his request for the Board to reopen the proceedings sua sponte. The petition is denied.
For Petitioner's motion to reopen proceedings based on changed country conditions, we have jurisdiction to review the Board's decision under 8 U.S.C. § 1252(a). See Kucana v. Holder, 558 U.S. 233, 253 (2010). We review the Board's decision for abuse of discretion. Perez-Camacho v. Garland, 42 F.4th 1103, 1107 (9th Cir. 2022). We find no abuse of discretion by the Board. Petitioner moves to reopen based on changed country conditions pursuant to 8 U.S.C. § 1229a(c)(7)(C)(ii). The Board did not abuse its discretion when it concluded that Petitioner did not provide evidence demonstrating materially changed country conditions subsequent to his previous hearing.
We lack jurisdiction to review the Board's determination not to reopen sua sponte because no legal or constitutional error was demonstrated. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016); Lona v. Barr, 958 F.3d 1225, 1234 (9th Cir. 2020).
The petition for review is DENIED.
[*] 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).