Ana Sanchez-Canizalez v. Eric Holder, Jr.

MEMORANDUM

Ana Silvia Sanchez-Canizalez (“Sanchez”), a native and citizen of El Salvador, petitions pro se for review of a decision of the Board of Immigration Appeals (“BIA”) which denied her motion for reconsideration. We have jurisdiction over the final order denying Sanchez’s motion for reconsideration. 8 U.S.C. § 1252 (a). We deny the petition in part, grant the petition in part, and remand.

We lack jurisdiction to address Sanchez’s challenge to the merits of the BIA’s June 22, 2010 order finding her ineligible for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) because the petition for review is untimely as to that decision. See 8 U.S.C. § 1252 (b)(1); see also Singh v. Mukasey, 538 F.3d 1103, 1110 (9th Cir.2008) (an untimely petition for review must be dismissed for lack of jurisdiction).

We review for abuse of discretion the BIA’s denial of a motion for reconsideration. Morales Apolinar v. Mukasey, 514 F.3d 893, 895 (9th Cir.2008). The BIA’s denial of a motion for reconsideration will be reversed “only if the BIA acted arbitrarily, irrationally, or contrary to the law.” Mohammed v. Gonzales, 400 F.3d 785, 791 (9th…