Carlos Alfredo Hernandez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS ALFREDO HERNANDEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 12-73787
Agency No. A095-630-757
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Carlos Alfredo Hernandez, a native and citizen of Guatemala, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to remand and dismissing his appeal from an immigration judge’s order
denying his motion to reopen removal proceedings conducted in absentia. Our
FILED
MAY 22 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part
the petition for review.
We lack jurisdiction to consider Hernandez’s contention that the BIA erred
in declining to invoke its sua sponte authority to reopen proceedings. See Mejia-
Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011) (this court lacks
jurisdiction to review the agency’s sua sponte determinations).
Hernandez has not raised, and has therefore waived, any other challenges to
the agency’s grounds for denial of his motion to reopen and motion to remand. See
Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (a petitioner
waives a contention by failing to raise it in the opening brief).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
12-73787 2

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