Filed: Dec. 19, 2016
Latest Update: Mar. 03, 2020
Summary: FILED NOT FOR PUBLICATION DEC 19 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AMELIA RODRIGUEZ LEDEZMA, No. 14-73531 Petitioner, Agency No. A090-034-284 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges. Amelia Rodriguez Ledezma, a native and citizen of Mexico, petitions for re
Summary: FILED NOT FOR PUBLICATION DEC 19 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AMELIA RODRIGUEZ LEDEZMA, No. 14-73531 Petitioner, Agency No. A090-034-284 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges. Amelia Rodriguez Ledezma, a native and citizen of Mexico, petitions for rev..
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FILED
NOT FOR PUBLICATION DEC 19 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMELIA RODRIGUEZ LEDEZMA, No. 14-73531
Petitioner, Agency No. A090-034-284
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Amelia Rodriguez Ledezma, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
*
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).
constitutional claims and questions of law. Mohammed v. Gonzales,
400 F.3d 785,
791-92 (9th Cir. 2005). We deny the petition for review.
We generally lack jurisdiction to review the BIA’s discretionary decision not
to reopen proceedings sua sponte, but retain limited jurisdiction to review for legal
or constitutional error. Mejia-Hernandez v. Holder,
633 F.3d 818, 823-24 (9th Cir.
2011); Bonilla v. Lynch,
840 F.3d 575, 588 (9th Cir. 2016). Rodriguez Ledezma’s
due process claims fail, where she concedes she was not statutorily eligible for a
waiver of inadmissibility under 8 U.S.C. § 1182(c) at the time of her deportation
proceedings, and the immigration judge (“IJ”) had no duty to inform her about
forms of relief for which she was not eligible. See Lata v. INS,
204 F.3d 1241,
1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process
claim); U.S. v. Lopez-Velasquez,
629 F.3d 894, 901 (9th Cir. 2010) (en banc)
(“[A]n IJ’s duty is limited to informing an alien of a reasonable possibility that the
alien is eligible for relief at the time of the hearing.”).
Rodriguez Ledezma’s claim that the BIA failed to address issues in the
denial of her motion to reopen is not supported by the record. See Najmabadi v.
Holder,
597 F.3d 983, 990-91 (9th Cir. 2010) (holding the BIA adequately
considered evidence and sufficiently announced its decision).
PETITION FOR REVIEW DENIED.
2 14-73531