Aideyan v. Holder

FILED
NOT FOR PUBLICATION MAY 14 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
OSAWARU AMEN AIDEYAN, No. 06-70708
Petitioner, Agency No. A027-578-399
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 12, 2010 **
San Francisco, California
Before: HUG, RYMER and McKEOWN, Circuit Judges.
Osawaru Amen Aideyan, a native and citizen of Nigeria, petitions this court
for review of the decision of the Board of Immigration Appeals (“BIA”) denying
his motion to reopen sua sponte its March 5, 2002 decision, which dismissed
Aideyan’s appeal from the Immigration Judge’s November 12, 1999 decision. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
are without jurisdiction to review the BIA’s denial of a motion to reopen sua
sponte under 8 C.F. R. § 3.2(a). Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.
2002); see also Minasyan v. Mukasey, 553 F.3d 1224, 1229 (9th Cir. 2009) (“This
court does not have jurisdiction to review an alien’s claim that the BIA should have
exercised its sua sponte power’ to reopen or reconsider a prior order.”) (internal
quotation marks and alterations omitted).
PETITION DISMISSED.