Jose Valerio-Garcia v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE VALERIO-GARCIA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-70947
Agency No. A200-244-733
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 18, 2023**
Before: GRABER, PAEZ, and NGUYEN, Circuit Judges.
Jose Valerio-Garcia, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reopen. Najmabadi v.
* 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).
FILED
JAN 23 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the
petition for review.
Because Valerio-Garcia does not challenge the BIA’s determination that he
failed to establish equitable tolling of the time bar for motions to reopen, this issue
is waived. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013)
(issues not specifically raised and argued in a party’s opening brief are waived).
We lack jurisdiction to review the BIA’s denial of sua sponte reopening,
where Valerio-Garcia has not asserted legal or constitutional error. See Lona v.
Barr, 958 F.3d 1225, 1227 (9th Cir. 2020) (denial of sua sponte reopening is
committed to agency discretion and unreviewable).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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