Barrera Zapeta v. Holder

MEMORANDUM

Olga Estela Barrera Zapeta, a native and citizen of Guatemala, petitions pro se 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 a motion to reopen or 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.

The BIA did not abuse its discretion in denying Barrera Zapeta’s motion as a motion to reconsider. The motion failed to specify an error of fact or law with respect to the BIA’s prior determination that her February 1, 2006, motion to reopen was untimely. See 8 C.F.R. § 1003.2 (b)(1).

The BIA also did not abuse its discretion in denying as untimely the motion as a motion to reopen where it was filed 3 years after the BIA’s order dismissing the underlying appeal. See 8 C.F.R. § 1003.2 (c)(2).

We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2 (a). See Elkimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).

In light of our disposition, we do not reach…