FILED
NOT FOR PUBLICATION APR 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LIJUAN ZHU, No. 09-70639
Petitioner, Agency No. A097-664-788
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Lijuan Zhu, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We dismiss
the petition for review.
We lack jurisdiction to review the BIA’s discretionary decision not to invoke
*
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).
its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See
Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
We also lack jurisdiction to consider Zhu’s contentions regarding the
hardship her removal will cause her U.S. citizen husband and her claim of
ineffective assistance of counsel where she did not raise these contentions before
the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this court
lacks jurisdiction over contentions not raised before the BIA); see also Puga v.
Chertoff, 488 F.3d 812, 815-816 (9th Cir. 2007) (indicating that ineffective
assistance of counsel claims must be raised in a motion to reopen before the BIA).
Zhu’s remaining contentions are without merit.
PETITION FOR REVIEW DISMISSED.
2 09-70639