Narciso Cendejas VAZQUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 599 F. App'x 751

MEMORANDUM Narciso Cendejas Vazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Cendejas Vazquez’ motion to reopen as untimely, where he filed the motion more than eight months after his final order of removal, see 8 C.F.R. § 1003.2(c)(2) (a motion to reopen must be filed within 90 days of a final order of removal), and does not dispute that his motion was untimely or invoke any exception to the motions deadline, see Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir.2013) (a petitioner waives a contention by failing to raise it in the opening brief).

To the extent Cendejas Vazquez contends that the agency erred in declining to invoke its sua sponte authority to reopen proceedings, we lack jurisdiction to consider that claim. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011) (this court lacks jurisdiction to review the agency’s sua sponte determinations). In light of this disposition, we do not reach Cendejas-Vazquez’ remaining contentions. PETITION FOR REVIEW DENIED in part; DISMISSED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.