Case: 17-15424 Date Filed: 09/04/2018 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15424 Non-Argument Calendar ________________________ Agency No. A018-229-818 DAVID SEBASTIAN-SOLER, a.k.a. David Sebastian, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (September 4, 2018) Before JORDAN, BRANCH, and JULIE CARNES, Circuit Judges. PER CURIAM: David Sebastian-Soler seeks review of the Board of Immigration Appeals’ denial of his motion to reopen his removal proceedings, and its denial of his Case: 17-15424 Date Filed: 09/04/2018 Page: 2 of 9 motion for reconsideration. We, however, lack jurisdiction to review either of these BIA decisions, and we therefore dismiss Mr. Sebastian-Soler’s petition. I This is not our first encounter with Mr. Sebastian-Soler. The background story of his arrival into and residence in the United States, as well as the events leading up to his removal proceedings, are laid out in our previous decision, in which we dismissed his appeal of a removal order against him by an Immigration Judge and the BIA. See Sebastian-Soler v. U.S. Att’y Gen., 409 F.3d 1280, 1282 (11th Cir. 2005) (concluding that Mr. Sebastian-Soler was neither a citizen nor a national of the United States). We need not repeat those facts here. Relevant to his present petition for review, Mr. Sebastian-Soler filed a motion to reopen his removal proceedings on April 10, 2017, nearly 14 years after the removal order against him became final on May 16, 2003. He argued that intervening authority from this Court, see Lanier v. U.S. Att’y Gen., 631 F.3d 1363 (11th Cir. 2011), and the BIA, see Matter of J-H-J, 26 I&N Dec. 563 (BIA 2015), provided that he was statutorily eligible to seek adjustment of status and a waiver of inadmissibility under 8 U.S.C. § 1182(h), relief which, he argued, had not been recognized at the time of his initial removal proceedings. 2 Case: 17-15424 Date Filed: 09/04/2018 Page: 3 of 9 On June 26, 2017, the BIA denied Mr. Sebastian-Soler’s motion to reopen his removal proceedings. Mr. Sebastian-Soler filed a motion to reconsider, which the BIA denied on November 9, 2017. He now seeks review of both rulings. II We review de novo our own subject-matter jurisdiction. See Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007). When appropriate, we review both the BIA’s denial of a motion to reopen removal proceedings and its denial of a motion to reconsider for abuse of discretion. See Gbaya v. U.S. Att’y Gen., 342 F.3d 1219, 1220 (11th Cir. 2003); Calle v. U.S. Att’y Gen., 504 F.3d 1324, 1328 (11th Cir. 2007). III Mr. Sebastian-Soler filed his petition for review in this Court on December 7, 2017. The petition is timely in so far as it seeks review of the BIA’s denial of his motion for reconsideration. See 8 U.S.C. § 1252(b)(1) (any petition for review of an order of removal “must be filed not later than 30 ...
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