Mazariegos-Garcia

Mazariegos-Garcia v. Holder

Good Law
487 F. App'x 352
United States Court of Appeals for the Ninth CircuitOctober 12, 2012No. 11-71349California393 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald J. Mazariegos-Garcia, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reconsider the agency’s underly *353 ing order denying his motion to reopen based on a claim of ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reconsider. Ghahremani v. Gonzales, 498 F.3d 998, 997 (9th Cir.2007). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Mazariegos-Garcia’s motion to reconsider on the ground that he did not demonstrate any legal or factual error in the agency’s refusal to reopen his case, see Yeghiazaryan v. Gonzales, 439 F.3d 994, 998 (9th Cir.2006) (“In filing a motion to reconsider, the petitioner must ‘specify[] the errors of fact or law in the prior B[IA] decision.... ” (citation omitted)), where his motion to reopen had failed to comply with the procedural requirements for filing a claim of ineffective assistance of counsel, see Rojas-Garcia v. Ashcroft, 339 F.3d 814, 824 (9th Cir.2003) (“[U]nder ordinary…

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