Lorna Resultay v. Eric Holder, Jr.

MEMORANDUM

Loma M. Resultay, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider and reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reconsider and reopen, and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying the motion to reconsider as untimely where Resultay filed her motion more than two years after the BIA’s August 30, 2010, order dismissing her appeal of an immigration judge’s decision denying her motion to reopen to rescind her deportation order. ,See 8 C.F.R. § 1003.2 (b)(2) (a motion to reconsider must be filed with the BIA within 30 days after the mailing of the BIA’s decision).

To the extent Resultay’s motion sought reopening to apply for new relief, the BIA did not abuse its discretion in denying the motion as untimely where it was filed more than 16 years after the September 30, 1996, deadline. See 8 C.F.R. § 1003.2 (c)(2) (a motion to reopen must be filed…