Angel Cano v. Holder

FILED NOT FOR PUBLICATION MAY 05 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SANTIAGO ANGEL CANO, No. 06-71161 Petitioner, Agency No. A095-310-911 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 20, 2011 ** Before: RYMER, THOMAS, and PAEZ, Circuit Judges. Santiago Angel Cano, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, * 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). 791–92 (9th Cir. 2005), and we deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion in denying Angel Cano’s motion to reopen as untimely. See 8 C.F.R. § 1003.2(c)(2). We lack jurisdiction to review the BIA’s decision not to invoke its 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); see also Mejia-Hernandez v. Holder, 633 F.3d 818, 824 (9th Cir. 2011) (“No significant changes have occurred since Ekimian that would allow this panel to find a sufficiently meaningful standard, and allow us to review sua sponte reopening.”). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 06-71161