Edgar Rene Lopez Pocon; Floridalma Veliz Hernandez v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDGAR RENE LOPEZ POCON;
FLORIDALMA VELIZ HERNANDEZ,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71010
Agency Nos. A070-935-241
A075-580-350
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 1, 2013**
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Edgar Rene Lopez Pocon and Floridalma Veliz Hernandez, natives and
citizens of Guatemala, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying Petitioners’ motion to reopen removal proceedings. Our
FILED
AUG 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-71010 2
jurisdiction is governed by 8 U.S.C. § 1252, and we dismiss in part and deny in
part the petition for review.
We lack jurisdiction to review the BIA’s decision not to exercise its sua
sponte authority to reopen proceedings. See Sharma v. Holder, 633 F.3d 865, 874
(9th Cir. 2011).
The BIA did not abuse its discretion in denying Petitioners’ motion to
reopen. See Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008) (standard of
review). The immigration judge and BIA did consider the evidence and arguments
put forth by Petitioners. Thus, there was no due process violation.
The BIA also permissibly concluded that Petitioners had knowingly and
intelligently withdrawn their application for asylum and waived their rights to
appeal, and did so in exchange for the grant of pre-conclusion voluntary departure.
See Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir. 2005).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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