Alfaro

Alfaro v. Ashcroft

Good Law
99 F. App'x 123
United States Court of Appeals for the Ninth CircuitMay 20, 2004No. 03-71180; Agency Nos. A75-719-425, A75-719-426California356 words

Opinion

Lead Opinion

MEMORANDUM **

Ramon Corrales Alfaro and his spouse Maria Socorro Rivas Gutierrez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) February 13, 2003 decision denying their motion to reconsider the *124 BIA’s August 20, 2002 order affirming an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s denial of a motion to reconsider for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss the petition in part, and deny in part.

Petitioners contend that the BIA failed to address their argument that the IJ did not consider if they qualified for other forms of relief. This contention lacks merit because Petitioners failed to identify the potential relief the IJ allegedly did not consider. See 8 C.F.R. § 1003.2 (b)(1) (“A motion to reconsider shall state the reasons for the motion by specifying the errors of fact or law in the prior Board decision and shall be supported by pertinent authority.”); Moran-Enriquez v. INS, 884 F.2d 420, 422 (9th Cir.1989) (“IJs are not expected to be clairvoyant; the…

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