FILED
NOT FOR PUBLICATION SEP 14 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EDRY YURY LOPEZ LOPEZ, No. 11-73394
Petitioner, Agency No. A072-531-505
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Edry Yury Lopez Lopez, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals' (“BIA”) order dismissing her appeal
from an Immigration Judge's (“IJ”) denial of her untimely motion to reopen her
*
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).
removal proceedings sua sponte. We review for abuse of discretion the denial of a
motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we
deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion by upholding the IJ’s denial of Lopez
Lopez’s motion to reopen where she filed the motion more than fourteen years
after the IJ’s February 22, 1996, decision, and did not assert that the filing deadline
should be equitably tolled.
To the extent that Lopez Lopez challenges the agency’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, 633 F.3d 818, 823–24
(9th Cir. 2011).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.