David Mora-Zendejas v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID MORA-ZENDEJAS,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 17-70464
Agency No. A013-618-739
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
David Mora-Zendejas, a native and citizen of Mexico and legal permanent
resident, petitions for review of the Board of Immigration Appeals’ decision
dismissing his appeal from an immigration judge’s order denying his motion to
reopen deportation proceedings conducted in absentia. We dismiss the petition for
* 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
MAR 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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review.
We lack jurisdiction to consider Mora-Zendejas’s fact-based contentions
regarding the agency’s decision to deny reopening sua sponte, where he did not
raise a legal or constitutional error that would invoke our jurisdiction. See Bonilla
v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (court can review BIA decisions
denying sua sponte reopening only for the limited purpose of reviewing the
reasoning behind the decision for legal or constitutional error).
PETITION FOR REVIEW DISMISSED.

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