Jamaal Barrett v. Loretta E. Lynch , 613 F. App'x 675 ( 2015 )

FILED
NOT FOR PUBLICATION SEP 01 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMAAL AURELIO BARRETT, No. 13-73953
Petitioner, Agency No. A046-525-843
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Jamaal Aurelio Barrett, a native and citizen of Panama, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
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 consider the BIA’s discretionary decision not to
reopen sua sponte pursuant to 8 C.F.R. § 1003.2(a). See Mejia-Hernandez v.
Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); see also Matter of G-D-, 22 I. & N.
Dec. 1132, 1135 (BIA 1999) (BIA’s consideration of whether a fundamental
change in the law warrants reopening involves an exercise of its sua sponte
authority).
PETITION FOR REVIEW DISMISSED.
2 13-73953