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SINGH v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.2021-08-02No. No. 19-70250

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Opinion

MEMORANDUM ***

Petitioner seeks review of a Board of Immigration Appeals’ (“BIA”) decision dismissing the appeal of an Immigration Judges (“IJ”) decision for lack of jurisdiction. Petitioner appealed the IJs denial of his motion to reopen his credible fear determination. We dismiss the petition for lack of jurisdiction.

“We determine our own jurisdiction de novo.” Pena v. Lynch, 815 F.3d 452, 455 (9th Cir. 2016) (citing Bolanos v. Holder, 734 F.3d 875, 876 (9th Cir. 2013)). This court held in Singh v. Barr that it lacks jurisdiction over petitions seeking review of an IJs denial of a motion to reopen credible fear proceedings. 982 F.3d 778, 784 (9th Cir. 2020) (“Read together, [8 U.S.C.] §§ 1252(a)(2)(A), (D) and 1252(e) provide clear and convincing evidence that Congress intended to deprive circuit courts of appeals of jurisdiction to review expedited removal orders and related matters affecting those orders, including underlying negative credible fear determinations ․”). Accordingly, the review Petitioner seeks is outside of our jurisdiction.

PETITION FOR REVIEW DISMISSED.