Torres

Torres v. Holder

Good Law
479 F. App'x 83
United States Court of Appeals for the Ninth CircuitJuly 23, 2012No. 10-73098California338 words

Opinion

Lead Opinion

MEMORANDUM **

Meli Torres, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motions to reopen and reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review the denial of a motion for abuse of discretion. Ghahremani v. Gonzales, 498 F.3d 993, 997 (9th Cir.2007). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Torres’s motion to reconsider where the motion failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2 (b)(1); Ma v. Ashcroft, 361 F.3d 553, 558 (9th Cir.2004).

The BIA did not abuse its discretion in denying Torres’s August 30, 2010, motion to reopen as untimely where it was filed more than three years after the final administrative order, see 8 U.S.C. § 1229a(c)(7)(C), and she did not establish a basis for equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003) (equitable tolling is available when petitioner is prevented from filing because of deception, fraud, or error).

We lack jurisdiction to review the BIA’s underlying order dismissing Torres’s direct appeal…

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