FILED
NOT FOR PUBLICATION JUN 02 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PAVEL DOUDRENOV, No. 09-72660
Petitioner, Agency No. A079-244-994
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Pavel Doudrenov, a native and citizen of Bulgaria, petitions for review of
the Board of Immigration Appeals’ summary affirmance of an immigration judge’s
(“IJ”) decision denying his motion to reopen proceedings held in absentia. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
denial of a motion to reopen, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir. 2000),
and we deny in part and dismiss in part the petition for review.
The IJ did not abuse his discretion by denying Doudrenov’s motion to
reopen as untimely, where the motion was filed over seven years after
Doudrenov’s removal order, see 8 U.S.C. § 1229a(c)(7), and Doudrenov failed to
allege that he did not receive proper notice or that his failure to appear at the
hearing was through no fault of his own, see 8 U.S.C. § 1229a(b)(5)(C).
To the extent that Doudrenov challenges the IJ’s decision not to invoke its
sua sponte authority to reopen proceedings, we lack jurisdiction to review such a
challenge. See Mejia-Hernandez v. Holder, 303 F.3d 1153, 823-24 (9th Cir. 2011).
PETITION FOR REVIEW DENIED, in part; DISMISSED, in part.
2 09-72660