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

Bravo v. Holder

Bravo v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided August 31, 2009 · Hawkins, Thomas, Wallace
344 F. App'x 325

Bravo v. Holder

Opinion of the Court

MEMORANDUM **

Ricardo Lopez Bravo, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing for abuse of discretion, Morales Apolinar v. Mukasey, 514 F.3d 893, 895 (9th Cir. 2008), we deny in part and dismiss in part the petition for review.

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

To the extent Lopez Bravo challenges the BIA’s December 28, 2006 order, we lack jurisdiction because the petition for review is not timely as to that order. See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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

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