Rivera-Lopez

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reconsider the BIA’s prior order dismissing petitioner’s appeal and to reopen proceedings.

We review the BIA’s order for abuse of discretion. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005).

Respondent’s unopposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

In particular, the BIA did not abuse its discretion by denying petitioner’s motion to reconsider the BIA’s prior decision where petitioner argued that the BIA, in deciding whether petitioner was eligible for cancellation of removal, should have applied the lower standard of proof employed in determining eligibility for suspension of deportation. The BIA correctly determined that it had previously applied the correct standard because the petitioner was in removal proceedings and suspension of deportation was not a form of relief available to…