Herodita Lopez v. Jefferson Sessions

U.S. Court of Appeals for the Ninth Circuit
Herodita Lopez v. Jefferson Sessions, 694 F. App'x 528 (9th Cir. 2017)
Canby, Kozinski, Hawkins

Herodita Lopez v. Jefferson Sessions

Opinion

MEMORANDUM **

Herodita Lopez and Jorge Alberto Rivera Lopez, natives and citizens of El Salvador, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their 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, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we dismiss in part and deny in part the petition for review.

We do not consider the materials petitioners reference in them opening brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc).

We lack jurisdiction to consider petitioners’ contention regarding Lopez’s criminal convictions because they did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

The BIA did not abuse its discretion in denying petitioners’ 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); see also Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (court “defer[s] to the *529 BIA’s exercise of discretion unless it acted arbitrarily, irrationally, or contrary to law”).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Herodita LOPEZ; Jorge Alberto Rivera Lopez, Petitioners, v. Jefferson B. SESSIONS III, Attorney General, Respondent
Status
Unpublished