Jun Cui v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 26 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUN CUI, No. 18-71041 Petitioner, Agency No. A203-217-433 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 19, 2019** Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges. Jun Cui, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review. * 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). Cui’s contentions that the BIA misapprehended applicable law and insufficiently explained its decision are not supported by the record. We lack further jurisdiction to review the BIA’s discretionary sua sponte determination. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (the court’s jurisdiction to review BIA decisions denying sua sponte reopening is limited to reviewing the reasoning behind the decisions for legal or constitutional error). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 18-71041 18-71041 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jun Cui v. William Barr 26 August 2019 Agency Unpublished 12bbe4a29c8830839f3a92c4fbc75017772fe919

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