Gerardo Nunez-Fernandez v. Loretta E. Lynch , 670 F. App'x 520 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 3 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERARDO NUNEZ-FERNANDEZ, No. 14-72784
Petitioner, Agency No. A075-767-056
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 25, 2016**
Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.
Gerardo Nunez-Fernandez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
review de novo questions of law. Tamang v. Holder, 598 F.3d 1083, 1088 (9th
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Cir. 2010). We deny the petition for review.
We generally lack jurisdiction to review the BIA’s discretionary decision not
to reopen proceedings sua sponte, but retain limited jurisdiction to review for legal
or constitutional error. Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.
2011); Bonilla v. Lynch, No. 12-73853, 2016 WL 6127064, at *11 (9th Cir.
October 20, 2016). Nunez-Fernandez’s contention that it is unclear whether the
BIA used the proper legal framework is not supported by the record, where the
BIA stated the “exceptional circumstance” standard and cited pertinent legal
authority. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
2 14-72784