Blanca Estela Galan v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BLANCA ESTELA GALAN,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 23-105
Agency No.
A070-811-677
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 14, 2023**
Before: SILVERMAN, TALLMAN, and KOH, Circuit Judges.
Blanca Estela Galan, a native and citizen of El Salvador, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review 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
NOV 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597
F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the petition for
review.
Because Galan does not challenge the agency’s determination that she failed
to establish prima facie eligibility for the underlying relief sought, we do not
address it. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013).
We generally lack jurisdiction to review the BIA’s decision not to reopen
proceedings sua sponte. See Lona v. Barr, 958 F.3d 1225, 1227 (9th Cir. 2020)
(denial of sua sponte reopening is committed to agency discretion and
unreviewable).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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