Diva Arevalo v. Eric Holder, Jr.

MEMORANDUM

Diva de los Angeles Arevalo, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) March 30, 2010, order denying her motion to reconsider. . Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We review de novo due process claims. Liu v. Holder, 640 F.3d 918, 930 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Arevalo’s motion to reconsider because Arevalo failed to identify any error of fact or law in the BIA’s prior order. See 8 C.F.R. § 1003.2 (b)(1). The BIA also did not err in concluding that, even under the standard set forth in Ochoa v. Gonzales, 406 F.3d 1166 (9th Cir.2005), Arevalo failed to satisfy her burden of proof for relief under the Convention Against Torture. See id. at 1172 .

We reject Arevalo’s contentions that the BIA violated due process by ignoring arguments and facts, and misapplying the law. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error and prejudice…