History
  • No items yet
midpage
Gerardo Nunez-Fernandez v. Loretta E. Lynch
670 F. App'x 520
| 9th Cir. | 2016
|
Check Treatment
|
Docket

*1 Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.

Gerardo Nunez-Fernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Tamang v. Holder, 598 F.3d 1083, 1088 (9th *2 Cir. 2010). We deny the petition for review.

We generally lack jurisdiction to review the BIA’s discretionary decision not to reopen proceedings sua sponte, but retain limited jurisdiction to review for legal or constitutional error. Mejia-Hernandez v. Holder , 633 F.3d 818, 823-24 (9th Cir. 2011); Bonilla v. Lynch , No. 12-73853, 2016 WL 6127064, at *11 (9th Cir. October 20, 2016). Nunez-Fernandez’s contention that it is unclear whether the BIA used the proper legal framework is not supported by the record, where the BIA stated the “exceptional circumstance” standard and cited pertinent legal authority. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.

2 14-72784

[*] 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).

Case Details

Case Name: Gerardo Nunez-Fernandez v. Loretta E. Lynch
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 3, 2016
Citation: 670 F. App'x 520
Docket Number: 14-72784
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.