U.S. Court of Appeals for the Ninth Circuit, 2010

Karamvir Kaur v. Eric H. Holder Jr.

Karamvir Kaur v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided August 30, 2010 · O'Scannlain, Hawkins, Ikuta
393 F. App'x 525

Karamvir Kaur v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Karamvir Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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 deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Kaur’s motion to reconsider as untimely because it was filed more than a year after the BIA’s prior order. See 8 C.F.R. § 1003.2(b)(2) (motion to reconsider must be filed with the BIA within 30 days after the mailing of the decision).

We lack jurisdiction to review Kaur’s equitable tolling contention because she failed to exhaust this claim before the *526 agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

We also lack jurisdiction to review the BIA’s October 4, 2006, and April 25, 2008, orders because Kaur did not timely petition for review of those decisions. See 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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