Teodor Olic v. Gonzales

MEMORANDUM ***

Milorad Olic, a native of the Former Republic of Yugoslavia and citizen of Serbia-Montenegro, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider the denial of a motion to reopen. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the BIA’s denial of a motion to reconsider for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss in part and deny in part the petition for review.

To the extent Olic challenges BIA decisions denying previous motions to reopen or reconsider, we lack jurisdiction of those decisions because Olic did not file petitions for review within thirty days. See 8 U.S.C. § 1252 (b)(1).

The BIA did not abuse its discretion when it denied Olic’s instant motion to reconsider because he failed to articulate a legal or factual error in the BIA’s denial of his motion to reopen. See 8 C.F.R. § 1003.2 (b)(1); see also Iturribarria v. INS, 321 F.3d 889, 895 (9th Cir.2003). Olic’s motion to reopen was both numerically barred and time barred and Olic did not establish he was…