FILED
NOT FOR PUBLICATION APR 18 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA CARMEN CORONEL-ORTIZ, No. 07-71946
Petitioner, Agency No. A078-535-463
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Maria Carmen Coronel-Diaz, a native and citizen of Mexico, petitions for
review of a decision of the Board of Immigration Appeals denying, as untimely
and numerically–barred, her second motion to reopen removal proceedings. 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).
BIA declined to exercise its sua sponte authority to reopen under 8 C.F.R. §
1003.2(a).
Coronel-Diaz argues that the BIA should have sua sponte reopened removal
proceedings, and should have excused her untimely and numerically-barred motion
to reopen.
We lack jurisdiction to review the BIA’s discretionary decision whether to
exercise its sua sponte authority to reopen under § 8 C.F.R. § 1003.2(a). See
Ekimian v. INS, 303 F.3d 1153, 1159-60 (9th Cir. 2002). Accordingly, we dismiss
Coronel-Diaz’s petition for lack of jurisdiction.
DISMISSED.
2 07-71946