FILED
NOT FOR PUBLICATION OCT 05 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERGIO RICARDO GARCIA- No. 15-71543
CAMACHO,
Agency No. A092-518-693
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Sergio Ricardo Garcia-Camacho, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ order denying his motion to
reopen removal proceedings conducted in absentia. 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).
We lack jurisdiction to review the agency’s decision not to reopen
proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24
(9th Cir. 2011); cf. Bonilla v. Lynch, No. 12-73853, 2016 WL 3741866, at *10 (9th
Cir. July 12, 2016). We decline to re-examine our holding in Ekimian v. INS, 303
F.3d 1153 (9th Cir. 2002), because a three-judge panel cannot reconsider or
overrule circuit precedent in the absence of an intervening Supreme Court or en
banc decision. See Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011).
PETITION FOR REVIEW DISMISSED.
2 15-71543