Opinion
No. 05-71576.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed February 27, 2007.
Gerardo Grajeda Santana, Dinuba, CA, pro se.
Martha Anjelica Grajeda, Dinuba, CA, pro se.
CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A76-381-714, A79-530-148.
Before: BEEZER, FERNANDEZ and McKEOWN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Gerardo Grajeda Santana and Martha Angelica Grajeda, husband and wife, natives and citizens of Mexico, petition pro se for review of Board of Immigration Appeals' ("BIA") order denying their motion to reopen removal proceedings. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252. We review the BIA's denial of a motion to reopen for an abuse of discretion, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir. 2002), and we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Santana's motion as untimely because he did not file it within 90 days of the BIA's final order of removal. See 8 C.F.R. § 1003.2(c)(2). We lack jurisdiction to review the BIA's decision not to invoke sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002).