Julio Alfaro v. Eric Holder, Jr.

MEMORANDUM

Julio Cesar Alfaro, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny in part and dismiss in part the petition for review.

In his motion to reconsider, Alfaro challenged the agency’s findings related to the ability of the government of El Salvador to protect him. The BIA did not abuse its discretion in denying Alfaro’s motion because Alfaro failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2 (b)(1); Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (German police took reports and investigated incidents, but were unable to solve the crimes); Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir.2005) (to prove government acquiescence, applicant must show the government is aware of tortuous activity but does nothing to intervene).

We reject Alfaro’s contentions that the BIA violated his due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th…