Corina Reyes-Villegas v. Loretta E. Lynch

Good Law
609 F. App'x 451
United States Court of Appeals for the Ninth CircuitJuly 2, 201511-73860California303 words

Opinion

Opinion

MEMORANDUM

Corina Reyes-Villegas, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . This petition for review is timely because the court’s records indicate the court received the express mail containing the petition for review on December 15, 2011. See Sheviakov v. INS, 237 F.3d 1144, 1148 (9th Cir.2001) (when evidence “exists to prove that the package arrived at that address on a certain day,” the petition is treated “as received on that day”). 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). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Reyes-Villegas’s motion for reconsideration, because it failed to identify errors of facts or law in the BIA’s prior decision denying her claims for asylum, withholding of removal, and relief under the Convention Against Torture. See 8 C.F.R. § 1003.2 (b)(1).

We lack jurisdiction to review Reyes-Villegas’s challenges to the proceedings before the immigration…

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