Singh v. Gonzales

MEMORANDUM ** Gurjinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider and to reopen his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion, see Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir. 2004), amended by 404 F.3d 1105 (9th Cir.2005), and we deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion in denying Singh’s motion to reopen and reconsider as untimely because it was filed more than three years after the BIA’s June 28, 2002 order. See 8 C.F.R. §§ 1003.2 (b)(2) and (c)(2). We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2 (a). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002). PETITION FOR REVIEW DENIED in part and DISMISSED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.