Jun Cui v. WILLIAM P. BARR, Attorney General

18-71041Court of Appeals for the Ninth CircuitAug 26, 2019

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUN CUI,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 18-71041
Agency No. A203-217-433
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 19, 2019**
Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
Jun Cui, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ (“BIA”) order denying her motion to reopen. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part
and dismiss in part the petition for review.
* 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).
FILED
AUG 26 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-71041
Cui’s contentions that the BIA misapprehended applicable law and
insufficiently explained its decision are not supported by the record. We lack
further jurisdiction to review the BIA’s discretionary sua sponte determination.
See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (the court’s jurisdiction to
review BIA decisions denying sua sponte reopening is limited to reviewing the
reasoning behind the decisions for legal or constitutional error).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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