Noemi Martinez-Benitez v. Eric Holder, Jr.
Noemi Martinez-Benitez v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Noemi Martinez-Benitez, a native and citizen of El Salvador, petitions pro se 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 an abuse of discretion the BIA’s denial of a motion to reconsider and review de novo claims of due process violations. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Martinez-Benitez’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior 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). To the extent Martinez-Benitez contends that the BIA violated her due process rights in denying the motion to reconsider, the claim lacks merit. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).
We lack jurisdiction to review any challenge Martinez-Benitez makes to the BIA’s underlying order dismissing her appeal, because the petition for .review is not timely as to that order. See 8 U.S.C. § 1252(b)(1); 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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