U.S. Court of Appeals for the Ninth Circuit, 2011

Qin Zeng v. Holder

Qin Zeng v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 8, 2011 · Pregerson, Thomas, Paez
437 F. App'x 542

Qin Zeng v. Holder

Opinion

MEMORANDUM **

Qin Zeng, a native and citizen of China, 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. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Zeng’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior order denying her motion to reopen. See 8 C.F.R. § 1003.2(b)(1).

We lack jurisdiction to review the BIA’s March 23, 2007, order denying Zeng’s motion to reopen because she failed to timely petition this court for review of that decision. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

Zeng’s remaining contentions are unavailing.

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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