Jose Galindo-Barrera v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE GALINDO-BARRERA,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 17-72257
Agency No. A205-587-678
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.
Jose Galindo-Barrera, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) decision denying his motion to reopen
removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in
part and dismiss in part 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
MAY 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-72257
Galindo-Barrera does not raise, and therefore waives any challenge to, the
BIA’s denial of his motion to reopen as untimely. See Lopez-Vasquez v. Holder,
706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued
in an opening brief are waived).
We lack jurisdiction to consider Galindo-Barrera’s contentions regarding the
agency’s decision to deny reopening sua sponte, where he did not raise a legal or
constitutional error that would invoke our jurisdiction. See Bonilla v. Lynch, 840
F.3d 575, 588 (9th Cir. 2016) (court can review BIA decisions denying sua sponte
reopening only for the limited purpose of reviewing the reasoning behind the
decision for legal or constitutional error).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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