Valdovinos
Valdovinos v. Holder
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated petitions for review, Carlos Torres Valdovinos, a native *817 and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motions to reopen and his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen or reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny in part and dismiss in part the petitions for review.
The BIA did not abuse its discretion in denying Torres Valdovinos’ November 24, 2006, motion to reopen because he failed to submit an adjustment of status application with the motion as required by 8 C.F.R. § 1003.2 (c)(1), and the government affirmatively opposed the motion, in part, because it did not comply with this regulatory requirement. Cf. Konstantinova v. INS, 195 F.3d 528, 530 (9th Cir.1999) (BIA abused its discretion in denying motion to reopen for failure to submit a Form 1-485 with the motion where government did not affirmatively oppose the motion on this ground).
The BIA was within its discretion in denying Torres Valdovinos’ February 20, 2007, motion to reconsider because…