Zhongming Zhou v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION DEC 15 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ZHONGMING ZHOU, No. 13-71601 Petitioner, Agency No. A095-302-749 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 9, 2014** Before: WALLACE, LEAVY, and BYBEE, Circuit Judges. Zhongming Zhou, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings sua sponte. We dismiss 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). As Zhou acknowledges in his opening brief, we lack jurisdiction to review the BIA’s discretionary decision not to reopen removal proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011). In light of our disposition, we do not reach Zhou’s remaining contentions. PETITION FOR REVIEW DISMISSED. 2 13-71601