Ledis Virginia Sandoval-Ramirez v. U.S. Attorney General

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 20-10432
Non-Argument Calendar
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Agency No. A099-670-495
LEDIS VIRGINIA SANDOVAL-RAMIREZ,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of a Decision of the
Board of Immigration Appeals
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(February 1, 2021)
Before MARTIN, NEWSOM, and ANDERSON, Circuit Judges.
PER CURIAM:
Ledis Virginia Sandoval-Ramirez seeks review of a Bureau of Immigration
Appeals (BIA) decision affirming the Immigration Judge’s (IJ) denial of her
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motion to reopen her removal proceedings. Sandoval-Ramirez argues that the BIA
did not properly weigh the evidence she proffered of the changed country
conditions in Honduras and her well-founded fear of future persecution. After
careful consideration, we dismiss her petition for lack of jurisdiction.
Sandoval-Ramirez is a native and citizen of Honduras who entered the
United States without inspection with her two daughters in 2006. Sandoval-
Ramirez did not attend her removal proceedings in 2006 and was ordered removed
in absentia. In 2019, she moved to rescind that order and reopen her case so that
she could pursue an asylum claim based on changed conditions in Honduras. The
IJ denied her motion and the BIA affirmed on the basis that she had been
personally served with the Notice to Appear for her 2006 removal proceedings and
that the IJ did not err in declining to exercise its sua sponte authority to reopen
removal proceedings. Sandoval-Ramirez timely filed a petition for review.
Sandoval-Ramirez challenges only the BIA’s denial of her motion to reopen
so that she could pursue asylum, withholding of removal, and relief under the
Convention Against Torture. She maintains that the BIA failed to “adequately
weigh the new and material evidence” she presented in support of her claims for
relief. Sandoval-Ramirez argues that we should review this decision for abuse of
discretion, but we lack jurisdiction to review the BIA’s discretionary decision
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whether to reopen removal proceedings pursuant to its sua sponte authority. Lenis
v. U.S. Att’y Gen., 525 F.3d 1291, 1293 (11th Cir. 2008).
PETITION DISMISSED.
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