VEASNA KANG, AKA Veasna Sandy Kang v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VEASNA KANG, AKA Veasna Sandy
Kang,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71166
Agency No. A025-264-764
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 12, 2014 **
San Francisco, California
Before: O’SCANNLAIN, N.R. SMITH, and HURWITZ, Circuit Judges.
Veasna Kang petitions for review of an order of the Board of Immigration
Appeals dismissing her appeal from an immigration judge’s decision denying her
FILED
DEC 16 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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motion to reopen proceedings and refusing to reopen proceedings sua sponte. Our
jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition.
1. Kang has failed to exhaust her administrative remedies regarding any
argument for equitable tolling of her time-barred motion to reopen, and we therefore
lack jurisdiction to address this argument. Barron v. Ashcroft, 358 F.3d 674, 677-78
(9th Cir. 2004).
2. The decision whether to reopen proceedings sua sponte is committed to
agency discretion and not reviewable by this court. Mejia-Hernandez v. Holder, 633
F.3d 818, 823-24 (9th Cir. 2011).
DISMISSED.
2

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