FILED
NOT FOR PUBLICATION AUG 01 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN PABLO LINARES-MENDOZA, No. 12-70450
Petitioner, Agency No. A071-634-009
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Juan Pablo Linares-Mendoza, a native and citizen of El Salvador, petitions
pro se for review of the Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s order denying his motion to reopen deportation
proceedings held in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We review for abuse of discretion the denial of a motion to reopen. Avagyan v.
Holder, 646 F.3d 672, 674 (9th Cir. 2011). We deny in part and dismiss in part the
petition for review.
The agency did not abuse its discretion in denying Linares-Mendoza’s
motion to reopen where he did not show reasonable cause for his failure to attend
his deportation hearing on September 17, 1991. See 8 U.S.C. § 1252(b)(1989)
(repealed).
To the extent Linares-Mendoza contends the agency abused its discretion in
refusing to reopen proceedings sua sponte, we lack jurisdiction to review this
contention. See Mejia-Hernandez v. Holder, 633 F.3d 818 (9th Cir. 2011).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 12-70450