
    Ricardo PEREZ-ORELLANO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 09-71560.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 8, 2011.
    
    Filed March 24, 2011.
    Debra Jade Mundel, Marks & Acalin, Los Angeles, CA, for Petitioner.
    U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

Ricardo Perez-Orellano, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision 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 agency did not abuse its discretion in denying Perez-Orellano’s motion to reopen as untimely where Perez-Orellano filed it more than 11 years after his deportation order became final, and Perez-Orellano has not met any of the exceptions to the filing limitations. See 8 C.F.R. § 1003.2(c)(1)-(3).

We lack jurisdiction to review the BIA’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). If we had jurisdiction to review the BIA’s decision, we would find no abuse of discretion.

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.
     