Sandra Morales-Mazariegos v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JAN 16 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANDRA PATRICIA MORALES- No. 11-70660
MAZARIEGOS,
Agency No. A070-781-185
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Sandra Patricia Morales-Mazariegos, a native and citizen of Guatemala,
petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order
denying her motion to reconsider. Our jurisdiction is governed by 8 U.S.C.
*
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).
§ 1252. We review for abuse of discretion the denial of a motion to reconsider.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part
and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Morales-Mazariegos’s
motion to reconsider where the motion failed to establish any error of law or fact in
the BIA’s prior order denying Morales-Mazariego’s motion to reopen. See 8
C.F.R. § 1003.2(b)(1).
To the extent that Morales-Mazariegos challenges the BIA’s underlying
order denying her motion to reopen, we lack jurisdiction because this petition is
not timely as to that order. See 8 U.S.C. § 1252(b)(1) (petitions for review must be
filed within 30 days of the order); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.
2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 11-70660