Miguel Blanco-Diaz v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 01 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MIGUEL ANGEL BLANCO-DIAZ, No. 10-73501
Petitioner, Agency No. A089-091-146
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Miguel Angel Blanco-Diaz, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s order denying his motion to reconsider. We have jurisdiction
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we
deny the petition for review.
The agency did not abuse its discretion in denying Blanco-Diaz’s motion to
reconsider where Blanco-Diaz had failed to demonstrate the existence of
“exceptional circumstances . . . beyond the control of the alien” that would warrant
reopening under 8 U.S.C. § 1229a(e)(1). See 8 C.F.R. § 1003.2(b)(1) (requiring
motion to reconsider to state an error of fact or law); see also Valencia-Fragoso v.
INS, 321 F.3d 1204, 1205-06 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 10-73501