Portillo

Portillo v. Ashcroft

Good Law
71 F. App'x 650
United States Court of Appeals for the Ninth CircuitJuly 24, 2003No. 02-72320; INS No. A70-956-232California311 words

Opinion

Lead Opinion

MEMORANDUM **

Mirta Yolanda Vasquez Portillo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion for reconsideration. We have jurisdiction under *651 8 U.S.C. § 1252 . We review for an abuse of discretion the denial of a motion to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition.

The BIA did not abuse its discretion in denying Vasquez Portillo’s motion for reconsideration because Vasquez Portillo did not demonstrate errors of law or fact warranting reconsideration. See Chudshevid v. INS, 641 F.2d 780, 784 (9th Cir.1981) (holding that BIA did not abuse its discretion in denying motion for reconsideration where petitioner failed to demonstrate factual or legal errors).

To the extent Vasquez Portillo seeks review of the BIA’s March 18, 2002 decision affirming the Immigration Judge’s (“LJ”) denial of asylum, cancellation of removal and relief under the Convention Against Torture, we lack jurisdiction because Vasquez Portillo’s petition for review is not timely as to that order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996) (discussing Stone v. INS, 514…

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