Jairo Alvarez v. ERIC H. HOLDER Jr., Attorney General

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).
NHY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAIRO ALVAREZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-72177
Agency No. A070-785-083
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jairo Alvarez, a native and citizen of Guatemala, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s order denying his motion to reopen in order to apply for
FILED
DEC 30 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for
abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002), we deny in
part and dismiss in part the petition for review.
The agency did not abuse its discretion by denying Alvarez’s motion to
reopen, because the agency considered the evidence he submitted and acted within
its broad discretion in determining that reopening was not warranted. See id. at
1039 (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary,
irrational, or contrary to law.”).
We lack jurisdiction to review the agency’s decision not to invoke its sua
sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Ekimian v.
INS, 303 F.3d 1153, 1159 (9th Cir. 2002).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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