Carlos Francisco Alvarez v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS FRANCISCO ALVAREZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-1414
Agency No.
A092-664-429
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 14, 2023**
Before: SILVERMAN, WARDLAW, and TALLMAN, Circuit Judges.
Carlos Francisco Alvarez, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his motion to reopen removal
proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
* 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
NOV 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983,
986 (9th Cir. 2010). We review de novo questions of law. Mohammed v.
Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We dismiss the petition for
review.
We lack jurisdiction to review the BIA’s denial of sua sponte reopening
where Alvarez has not raised a colorable legal or constitutional error. See Bonilla
v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (“[T]his court has jurisdiction to
review Board decisions denying sua sponte reopening for the limited purpose of
reviewing the reasoning behind the decisions for legal or constitutional error.”).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DISMISSED.

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