FILED
NOT FOR PUBLICATION JUN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GABRIEL NAVA GARCIA, No. 10-70546
Petitioner, Agency No. A070-783-976
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN and FISHER, Circuit Judges.
Gabriel Nava Garcia, a native and citizen of Guatemala, petitions pro se for
review of a Board of Immigration Appeals order denying his motion to reopen
removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
dismiss in part and deny in part the petition for review.
*
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).
The Board did not abuse its discretion in denying Garcia’s motion to reopen
because it was untimely and because it did not establish prima facie eligibility for
relief. See 8 C.F.R. § 1003.2(c) (setting forth 90-day period for filing motion to
reopen).
We dismiss for lack of jurisdiction Garcia’s challenge to the Board’s refusal
to reopen proceedings sua sponte. Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.
2002).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 10-70546