Xyuam Tchieng v. Eric Holder, Jr. , 440 F. App'x 576 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
XYUAM XIM TCHIENG, No. 10-70303
Petitioner, Agency No. A072-403-537
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Xyuam Xim Tchieng, a native and citizen of France, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of
*
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).
discretion the denial of a motion to reopen, Cano-Merida v. INS, 311 F.3d 960, 964
(9th Cir. 2002), and we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Tchieng’s third motion to
reopen, filed over two years after the BIA’s final order, as untimely and number-
barred. See 8 C.F.R. § 1003.2(c)(2).
We lack jurisdiction to review the BIA’s refusal to reopen removal
proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24
(9th Cir. 2011).
PETITION FOR REVIEW DENIED, in part; DISMISSED, in part.
2 10-70303