Uribe

MEMORANDUM **

Marco Antonio Uribe petitions for review of two orders of the Board of Immigration Appeals denying his motions to reopen and to reconsider in order for Uribe to apply for adjustment of status. We deny his petitions.

Despite the government’s contention and Uribe’s concession that we lack jurisdiction, the intervening REAL ID Act of 2005, Pub.L. No. 109-13, § 106 (a)(l)(A)(iii), 119 Stat. 231 , 310-311, restores our jurisdiction. See 8 U.S.C. § 1252 (a)(2)(D); Fernandez-Ruiz v. Gonzales, 410 F.3d 585, 587 (9th Cir.2005). We therefore address the merits.of the Board’s orders and hold that the Board did not act contrary to law. See 8 U.S.C. § 1252 (a)(2)(D).

Contrary to Uribe’s argument, the Board did not fail to give him the benefit of our decision in Ordonez v. INS, 345 F.3d 777 (9th Cir.2003). In its order denying reconsideration, the Board acknowledged that, under Ordonez , Uribe was not statutorily barred from moving to reopen to seek an adjustment of status. The Board held, however, that as part of its exercise of discretion in considering the motion to reopen, it could take into account the fact that Uribe had not voluntarily departed within the prescribed…