*1 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.
*2 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.
[*] 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).
[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
