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Sergio Garcia-Camacho v. Loretta Lynch
659 F. App'x 441
| 9th Cir. | 2016
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*1 Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.

Sergio Ricardo Garcia-Camacho, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen removal proceedings conducted in absentia. We dismiss the petition for review.

*2 We lack jurisdiction to review the agency’s decision not to reopen proceedings sua sponte. See Mejia-Hernandez v. Holder , 633 F.3d 818, 823-24 (9th Cir. 2011); cf. Bonilla v. Lynch , No. 12-73853, 2016 WL 3741866, at *10 (9th Cir. July 12, 2016). We decline to re-examine our holding in Ekimian v. INS , 303 F.3d 1153 (9th Cir. 2002), because a three-judge panel cannot reconsider or overrule circuit precedent in the absence of an intervening Supreme Court or en banc decision. See Avagyan v. Holder , 646 F.3d 672, 677 (9th Cir. 2011).

PETITION FOR REVIEW DISMISSED.

2 15-71543

[*] 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).

Case Details

Case Name: Sergio Garcia-Camacho v. Loretta Lynch
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 5, 2016
Citation: 659 F. App'x 441
Docket Number: 15-71543
Court Abbreviation: 9th Cir.
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