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GUERRERO v. HOLDER

No. 13-1131.

766 F.3d 122 (2014)

Jose Maria GUERRERO, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, First Circuit.

September 9, 2014.

Attorney(s) appearing for the Case

Martin D. Harris , on brief for petitioner.

Jennifer P. Levings , Senior Litigation Counsel, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Stuart F. Delery , Assistant Attorney General, Civil Division, and Shelley R. Goad , Assistant Director, Office of Immigration Litigation, on brief for respondent.

Before HOWARD and THOMPSON, Circuit Judges, LAPLANTE, District Judge.

THOMPSON, Circuit Judge.

The petitioner, Jose Maria Guerrero, is a native and citizen of the Dominican Republic. He seeks review of a final order of the Board of Immigration Appeals ("BIA"), dated December 27, 2012, vacating a prior decision to reopen proceedings, and reinstating a prior order of deportation. Because the BIA acted pursuant to its discretionary sua sponte authority, we lack jurisdiction to review the petition.

I. BACKGROUND

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