Singh

MEMORANDUM *

Balbir Kaur Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reconsider. We deny the petition for review. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002) (denial of a motion to reconsider is reviewed for abuse of discretion, with de novo review for purely legal questions).

The government argues that Singh’s failure to appeal the denial of her motion to reopen limits the scope of our review. In this case, however, “the BIA in denying the motion [to reconsider] adopted the underlying reasoning and holding of its prior opinion,” Ma v. Ashcroft, 361 F.3d 553, 557 (9th Cir.2004), stating: “Our prior order is affirmed.” We therefore “look to” the BIA’s underlying August 2001 order denying Singh’s motion to reopen. Id.

Motions to reconsider are required to “specify the errors of law or fact in the previous order and shall be supported by pertinent authority.” 8 U.S.C. § 1229a(c)(5)(C). Singh moved for reconsideration based on a memorandum by the INS General Counsel. The memorandum provides only that on application, the INS “may” join in a motion to reopen under circumstances similar to…