Garcia
Garcia v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Benjamin Luna Garcia and his wife, Rosalia Luna, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reconsider. Where we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.
On February 27, 2001, the immigration judge (“IJ”) denied the petitioners’ applications for cancellation of removal. The petitioners timely appealed this decision to the BIA and on October 15, 2002, the BIA affirmed. The petitioners then timely filed a motion to reconsider with the BIA. On June 18, 2003, the BIA denied the motion to reconsider as to Rosalia and on September 5, 2003, issued a separate but identical decision denying the motion to reconsider as to Benjamin. On July 14, 2003, the petitioners filed this petition for review.
We lack jurisdiction to consider the BIA’s initial order affirming the IJ’s deei *695 sion denying cancellation of removal, as petitioners did not file a petition for review within 30 days of that order. See 8 U.S.C. § 1252 (b)(1).
The instant petition for review is timely as to the BIA’s order denying petitioners’…