Cruz Sumeta v. Eric H. Holder Jr.
Cruz Sumeta v. Eric H. Holder Jr.
Opinion
MEMORANDUM **
Cruz Nolberto Sumeta, native and citizen of Guatemala, petitions 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. We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the BIA’s January 23, 2008, order because Sumeta failed to timely petition this court for review of that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
The BIA was within its discretion in denying Sumeta’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s January 23, 2008, order. 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).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.