Davinder Singh v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVINDER SINGH,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 18-70694
Agency No. A070-642-168
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
Davinder Singh, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. We dismiss the petition for review.
We lack jurisdiction to review the BIA’s discretionary decision not to reopen
* 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
MAY 30 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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proceedings sua sponte, where Singh’s contentions do not amount to colorable
constitutional claims or questions of law. See Bonilla v. Lynch, 840 F.3d 575, 588
(9th Cir. 2016) (jurisdiction to review BIA decisions denying sua sponte reopening
is limited to reviewing the reasoning behind the decisions for legal or
constitutional error); see also Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th
Cir. 2005) (“To be colorable in this context, . . . the claim must have some possible
validity.” (citation and internal quotation marks omitted)); Najmabadi v. Holder,
597 F.3d 983, 990 (9th Cir. 2010) (BIA is only required to “announce its decision
in terms sufficient to enable” review).
PETITION FOR REVIEW DISMISSED.

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