Bhusal

MEMORANDUM **

Pradeep Bhusal, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider and reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reconsider and reopen, and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Bhusal’s motion to reconsider where Bhusal failed to identify any error of law or fact in the BIA’s previous order. See 8 C.F.R. § 1003.2 (b)(1). Contrary to Bhusal’s contentions, the BIA did not apply an incorrect evidentiary standard. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 823 (9th Cir.2003) (“in immigration proceedings [t]he sole test for admission of evidence is whether the evidence is probative and its admission is fundamentally fair” (internal quotations omitted)).

The BIA properly construed Bhusal’s motion also to be a motion to reopen in which he submitted new evidence of *636 changed country conditions. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1180 (9th…