
    Jairo ALVAREZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.
    No. 06-72177.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 15, 2009.
    
    Filed Dec. 30, 2009.
    Elsa I. Martinez, Esq., Martinez Golds-by & Associates, Los Angeles, CA, for Petitioner.
    CAC-District, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, R. Alexander Goring, Esq., Michelle Gorden Latour, Esq., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
    Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Jairo Alvarez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his motion to reopen in order to apply for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), we deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion by denying Alvarez’s motion to reopen, because the agency considered the evidence he submitted and acted within its broad discretion in determining that reopening was not warranted. See id. at 1039 (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law.”).

We lack jurisdiction to review the agency’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).

PETITION FOR REVIEW DENIED in part; DISMISSED in part. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     