Minou Djavaherian v. Eric Holder, Jr.

MEMORANDUM

Minou Djavaherian, a native of Iran and citizen of Australia; her husband, a native of Iran and citizen of Australia; and their children, natives and citizens of Australia, petition for review of the Board of Immigration Appeals’ (“BIA”) October 31, 2012, order denying their 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. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part, dismiss in part, and grant in part the petition for review, and we remand.

The BIA did not abuse its discretion when it construed Djavaherian’s due process and past persecution challenges as a motion to reconsider its March 26, 2012, dismissal of her appeal, and denied it as untimely. See 8 C.F.R. § 1003.2 (b)(2) (establishing 30-day limit for filing motion to reconsider). Further, the BIA did not abuse its discretion in rejecting Djavaheri-an’s humanitarian asylum argument. See Cano-Merida, 311 F.3d at 964 (court defers to BIA’s exercise of discretion unless arbitrary, irrational, or contrary to law). We lack jurisdiction to review the additional challenges Djavaherian now raises…