Pantouw

MEMORANDUM **

Joutje Pantouw and his wife, natives and citizens of Indonesia, petition for review of a Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen and motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), we dismiss in part, deny in part, and grant in part the petition for review.

To the extent Pantouw challenges the BIA’s underlying decision dismissing his appeal from an immigration judge’s (“IJ”) denial of his application for asylum or withholding of removal, and to the extent Pantouw raises due process or separation of powers claims related to this decision, we lack jurisdiction because this petition is not timely as to that decision. See Stone v. INS, 514 U.S. 386, 405 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995).

The BIA properly construed Pantouw’s motion as both a motion to reopen and a motion to reconsider. See 8 C.F.R. §§ 1003.2 (b)(1), (c)(1) (a motion to reconsider specifies errors of fact or law in the prior decision while a motion to reopen states new facts to be proven at a hearing). The BIA did not abuse its discretion in…