Sanghera

Sanghera v. Holder

Good Law
387 F. App'x 806
United States Court of Appeals for the Ninth CircuitJuly 16, 2010Nos. 07-74413, 08-70697California345 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Balwinder Singh Sanghera and Har-jeet Kaur, natives and citizens of India and permanent residents of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) orders denying their motions to reopen and reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen or reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and we deny in part and dismiss in part the petitions for review.

The BIA correctly construed petitioners’ November 14, 2007, motion as a motion to reopen and reconsider. See Mohammed, 400 F.3d at 792-93 (BIA should construe the motion based on its underlying purposes).

The BIA acted within its discretion in denying the November 14, 2007, motion to reconsider because the motion failed to identify any error of fact or law in the *807 BIA’s prior decision denying petitioners’ first motion to reopen. See 8 C.F.R. § 1003.2 (b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc).

The BIA also acted within its discretion in denying petitioners’ June 5, 2007, and November 14, 2007,…

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