Mynor Humberto Andrade v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MYNOR HUMBERTO ANDRADE,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-1620
Agency No.
A073-921-459
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.
Mynor Humberto Andrade, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reopen. Najmabadi v.
* 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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2 22-1620
Holder, 597 F.3d 983, 986 (9th Cir. 2010). We dismiss the petition for review.
Our jurisdiction to review the BIA’s discretionary decision not to reopen or
reconsider proceedings sua sponte is limited to contentions of legal or
constitutional error. See Lona v. Barr, 958 F.3d 1225, 1227 (9th Cir. 2020). We
find no legal or constitutional error on the face of the BIA’s decision.
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DISMISSED.

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