Garen Shameyan v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GAREN SHAMEYAN,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70987
Agency No. A045-639-232
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 8, 2016**
Pasadena, California
Before: CALLAHAN, BEA, and IKUTA, Circuit Judges.
Garen Shameyan, a native and citizen of Armenia, petitions for review of the
Board of Immigration Appeals’s (BIA) denial of his motion to reconsider and
reopen.
FILED
DEC 19 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Shameyan’s only argument on appeal—that the BIA erred in not reopening
his case in light of our decision in Quintero-Salazar v. Keisler, 506 F.3d 688 (9th
Cir. 2007)—involves an exercise of the BIA’s sua sponte authority.1 See In re
G–D–, 22 I. & N. Dec. 1132, 1135 (BIA 1999). Shameyan does not claim that the
BIA made any legal or constitutional error, cf. Bonilla v. Lynch, 840 F.3d 575, 588
(9th Cir. 2016), and we lack jurisdiction to review the BIA’s discretionary decision
not to reopen proceedings sua sponte, see Mejia–Hernandez v. Holder, 633 F.3d
818, 823–24 (9th Cir. 2011).
PETITION DISMISSED.
1 Shameyan waived his claims that the BIA erred in rejecting Dr. Jasmine
Tehrani’s psychological evaluation, and that the BIA erred in reaffirming its prior
decision denying equitable tolling. See Martinez-Serrano v. INS, 94 F.3d 1256,
1259 (9th Cir. 1996).
2

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