Opinion
No. 13-72628
05-20-2015
BIKRAM SINGH, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A088-734-443 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Bikram Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reconsider the BIA's March 19, 2013, order denying sua sponte reopening. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, and review de novo claims of constitutional 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.
The BIA did not abuse its discretion in denying the motion to reconsider, where Singh did not identify any error of law or fact in the BIA's prior order. See 8 C.F.R. § 1003.2(b)(1). In addition, we lack jurisdiction to review the BIA's determinations regarding sua sponte reopening. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011). Singh's due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.