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Sergio Ricardo GARCIA-CAMACHO, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2016-10-05No. No. 15-71543
659 F. App'x 441

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Opinion

majority opinion

MEMORANDUM

Sergio Ricardo Garcia-Camacho, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen removal proceedings conducted in absen-tia. We dismiss the petition for review.

We lack jurisdiction to review the agency’s decision not to reopen proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); cf. Bonilla v. Lynch, No. 12-73853, 2016 WL 3741866, at *10 (9th Cir. July 12, 2016). We decline to re-examine our holding in Ekimian v. INS, 303 F.3d 1153 (9th Cir. 2002), because a three-judge panel cannot reconsider or overrule circuit precedent in the absence of an intervening Supreme Court or en banc decision. See Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.