Francisco Rios v. Eric Holder, Jr.

MEMORANDUM

Francisco Rios, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’(“BIA”) order denying his motion to reconsider. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA acted within its discretion in denying Rios’ motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision affirming the immigration judge’s (“IJ”) order denying Rios’ application for asylum, withholding of removal, and for relief under the Convention Against Torture Act and under the Nicaragua and Central America Relief Act. See 8 C.F.R. § 1003.2 (b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc).

We lack jurisdiction to review the BIA’s underlying March 24, 2011 order, dismissing Rios’ appeal from the IJ’s decision, because the petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186,1188…