U.S. Court of Appeals for the Ninth Circuit, 2012

Bok Kim v. Eric H. Holder Jr.

Bok Kim v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 2, 2012 · Wallace, Smith, Rakoff
470 F. App'x 581

Bok Kim v. Eric H. Holder Jr.

Opinion

*582 MEMORANDUM **

Bok Yeo Kirn petitions for review from a decision of the Board of Immigration Appeals (Board) denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review.

Kim’s motion was properly considered by the Board as a motion for reconsideration because it sought “to correct alleged errors of fact or law” by introducing a case decided before Kim filed her opening brief. See Doissaint v. Mukasey, 538 F.3d 1167, 1170 (9th Cir. 2008); see also 8 U.S.C. § 1229a(c)(6)(C), (c)(7)(B). Kim conceded at oral argument that if the motion was a motion for reconsideration, it was untimely. See 8 U.S.C. § 1229a(c)(6)(B). Because the motion was a motion for reconsideration, it was properly denied as untimely.

PETITION FOR REVIEW DENIED.

**

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

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