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

Roxanna Guerra v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided October 13, 2010 · Silverman, Callahan, Smith

399 F. App'x 293

Counsel

Roxanna Judith Guerra, Alena Ray, Esquire, Law Office of Enrique Arevalo, South Pasadena, CA, for Petitioner., OIL, Margaret Kuehne Taylor, Jennifer Paisner Williams, David V. Bernal, Assistant Director, Colette Jabes Winston, Esquire, DOJ-U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Roxanna Judith Guerra, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

The BIA was within its discretion in denying Guerra’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision denying Guerra’s motion to reopen. 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 DENIED.

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

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