Maria Carmen Coronel-Ortiz 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA CARMEN CORONEL-ORTIZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-71946
Agency No. A078-535-463
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Maria Carmen Coronel-Diaz, a native and citizen of Mexico, petitions for
review of a decision of the Board of Immigration Appeals denying, as untimely
and numerically–barred, her second motion to reopen removal proceedings. The
FILED
APR 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-71946 2
BIA declined to exercise its sua sponte authority to reopen under 8 C.F.R. §
1003.2(a).
Coronel-Diaz argues that the BIA should have sua sponte reopened removal
proceedings, and should have excused her untimely and numerically-barred motion
to reopen.
We lack jurisdiction to review the BIA’s discretionary decision whether to
exercise its sua sponte authority to reopen under § 8 C.F.R. § 1003.2(a). See
Ekimian v. INS, 303 F.3d 1153, 1159-60 (9th Cir. 2002). Accordingly, we dismiss
Coronel-Diaz’s petition for lack of jurisdiction.
DISMISSED.

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