Morena Melgar v. Eric Holder, Jr.

MEMORANDUM

Morena Guadalupe Melgar, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider the BIA’s prior decision dismissing her appeal and denying her motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider. Valeriano v. Gonzales, 474 F.3d 669, 672 (9th Cir.2007). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Melgar’s motion to reconsider where she did not identify any error of law or fact in the BIA’s previous determinations that she did not qualify for cancellation of removal under 8 U.S.C. § 1229b(a), and that her motion to remand failed to show that the evidence she had submitted was not available at the time of her hearing before the immigration judge. See 8 C.F.R. § 1003.2 (b)(1), (c)(1); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1063 (9th Cir.2008) (“The formal requirements of a motion to remand and a motion to reopen are the same.”).

We lack jurisdiction to review Melgar’s contentions that 8 U.S.C. § 1254a(e) does not apply to individuals…