Yoni Gramajo Monterroso v. Eric Holder, Jr.

MEMORANDUM

Yoni Federico Gramajo Monterroso and Ruth A. Rodriguez, natives and citizens of Guatemala, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider the BIA’s earlier decision dismissing their appeal from an immigration judge’s removal order. 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 due process challenges. 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 petitioners’ motion to reconsider because the motion failed to identify any error of law or fact in the BIA’s October 7, 2010, order. See 8 C.F.R. § 1003.2 (b)(1). Petitioners’ contention that the denial of their motion to reconsider violated due process therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and substantial prejudice for a due process violation).

To the extent that petitioners challenge the BIA’s underlying order dismissing their appeal, we lack jurisdiction because this petition is not timely as to…