Ramiro Corza Cervantes v. Eric Holder, Jr.

MEMORANDUM

Ramiro Corza Cervantes and Maria Del Carmen Corza, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Corza’s successive motion to reconsider as number-barred. See 8 C.F.R. § 1003.2 (b)(2) (“A party may file only one motion to reconsider any given decision and may not seek reconsideration of a decision denying a previous motion to reconsider.”). It follows that petitioners’ due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice to prevail on a due process claim).

In their opening brief, petitioners fail to address, and therefore have waived, any challenge to the BIA’s dispositive determination regarding Corza Cervantes’ motion. See Rizk v. Holder, 629 F.3d 1083 , 1091 n. 3 (9th Cir.2011) (a petitioner waives an issue by failing to raise it…