U.S. Court of Appeals for the Ninth Circuit, 2009

Vazquez v. Mukasey

U.S. Court of Appeals for the Ninth Circuit · Decided January 20, 2009

309 F. App'x 147

Counsel

Frank P. Sprouls, Esq., Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner., Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM**

Jose De Jesus Gallegos Vazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to *148reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing for abuse of discretion, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), we deny the petition for review.

The BIA acted within its discretion in denying Petitioner’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior order dismissing Petitioner’s appeal. See 8 C.F.R. § 1003.2(b)(1); see also Socop-Gonzalez v. INS, 272 F.3d 1176, 1180 n. 2 (9th Cir. 2001) (en banc).

Contrary to Petitioner’s contention, the BIA correctly construed the motion according to its underlying purpose. See Mohammed, 400 F.3d at 792-93.

Petitioner’s remaining contentions are unpersuasive.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provid*148ed by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.