Felix Palencia v. Loretta E. Lynch

MEMORANDUM

Felix Patencia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider the BIA’s order dismissing his appeal from an immigration judge’s (“IJ”) discretionary denial of cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider and review de novo constitutional claims. 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 or violate due process in denying Palencia’s motion to reconsider, where the BIA’s decision on reconsideration corrected the factual error that Palencia had sought to correct in his motion to reconsider, and the BIA determined that the error did not materially affect the outcome of Palencia’s proceedings. See 8 U.S.C. § 1229a(c)(6)(C) (a motion to reconsider specifies “errors of law or fact in the previous order”); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on a due process challenge, an alien must show error and prejudice). Specifically, the BIA acknowledged…