Larez

Larez v. Mukasey

Good Law
305 F. App'x 398
United States Court of Appeals for the Ninth CircuitDecember 26, 2008Nos. 05-72359, 05-73325California279 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Manuel Cardoza Larez and Aidee Zarai Garcia Larez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) orders denying their motions to reopen and reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen or reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss in part and deny in part the petition for review in No. 05-72359, and we dismiss the petition for review in No. 05-73325.

The BIA did not abuse its discretion in denying petitioners’ motion to reconsider because the motion did not identify an error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2 (b)(1). See also Kohli v. Gonzales, 473 F.3d 1061, 1065 (9th Cir.2007) (no “statute or regulation requires the inclusion of the name and title of the issuing officer on the NTA”).

The evidence petitioners presented with their motions to reopen concerned the same basic hardship grounds previously considered by the agency. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir.2006). We therefore lack jurisdiction to…

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