FILED
NOT FOR PUBLICATION FEB 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SALVADOR MARTINEZ-GODINEZ, No. 05-74372
Petitioner, Agency No. A092-538-685
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Salvador Martinez-Godinez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
*
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).
KS/Research
reopen and administratively close his removal proceedings. We dismiss the
petition for review.
We lack jurisdiction to review the BIA’s decision declining to exercise its
sua sponte authority to reopen proceedings. See Ekimian v. INS, 303 F.3d 1153,
1159 (9th Cir. 2002).
We also lack jurisdiction over the BIA’s denial of a request for
administrative closure. See Diaz-Covarrubias v. Mukasey, 551 F.3d 1114, 1120
(9th Cir. 2009).
PETITION FOR REVIEW DISMISSED.
KS/Research 2 05-74372