Davinder Singh v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 30 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DAVINDER SINGH, No. 18-70694 Petitioner, Agency No. A070-642-168 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 21, 2019** Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges. Davinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We dismiss the petition for review. We lack jurisdiction to review the BIA’s discretionary decision not to reopen * 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). proceedings sua sponte, where Singh’s contentions do not amount to colorable constitutional claims or questions of law. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (jurisdiction to review BIA decisions denying sua sponte reopening is limited to reviewing the reasoning behind the decisions for legal or constitutional error); see also Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“To be colorable in this context, . . . the claim must have some possible validity.” (citation and internal quotation marks omitted)); Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (BIA is only required to “announce its decision in terms sufficient to enable” review). PETITION FOR REVIEW DISMISSED. 2 18-70694 18-70694 Court of Appeals for the Ninth Circuit ca9 9th Cir. Davinder Singh v. William Barr 30 May 2019 Agency Unpublished 6440c67448a93ca05be26587080b0e3a96d9e67c

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