Opinion
No. 14-72784
11-03-2016
GERARDO NUNEZ-FERNANDEZ, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A075-767-056 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Gerardo Nunez-Fernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Tamang v. Holder, 598 F.3d 1083, 1088 (9th Cir. 2010). We deny the petition for review.
We generally lack jurisdiction to review the BIA's discretionary decision not to reopen proceedings sua sponte, but retain limited jurisdiction to review for legal or constitutional error. Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); Bonilla v. Lynch, No. 12-73853, 2016 WL 6127064, at *11 (9th Cir. October 20, 2016). Nunez-Fernandez's contention that it is unclear whether the BIA used the proper legal framework is not supported by the record, where the BIA stated the "exceptional circumstance" standard and cited pertinent legal authority. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.