Eduardo Mizael Pantaleon- Sierra v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDUARDO MIZAEL PANTALEON-
SIERRA,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-71285
Agency No. A042-344-990
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Eduardo Mizael Pantaleon-Sierra, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his motion to reopen. We
dismiss the petition for review.
* 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
MAR 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-71825
Our jurisdiction to review the agency’s decision denying sua sponte
reopening is limited to reviewing for error its legal or constitutional basis. Bonilla
v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016). Pantaleon-Sierra’s contention that the
agency did not address his due process claims is not supported, and thus does not
raise a colorable legal or constitutional claim to invoke jurisdiction. See id.; INS v.
Abudu, 485 U.S. 94, 105 (1988) (in motion to reopen cases in which the ultimate
grant of relief is discretionary the BIA can determine that, even considering the
newly proffered evidence, the movant would not be entitled to the discretionary
grant of relief).
PETITION FOR REVIEW DISMISSED.

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