Paola Gutierrez-Gonzales v. Eric Holder, Jr.

MEMORANDUM

Paola Fidelia Gutierrez-Gonzales, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider and to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for an abuse of discretion the BIA’s denial of a motion to reconsider or to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Gutierrez-Gonzales’s motion to reconsider where she failed to allege any error of law or fact in the BIA’s underlying decision. See 8 C.F.R. § 1003.2 (b)(1). Gutierrez-Gonzales’s contention that the BIA failed to provide a reasoned explanation for its decision is not persuasive. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir.2010) (“[t]he [BIA] does not have to write an exegesis on every contention.”) (internal quotations omitted).

The BIA also did not abuse its discretion in denying Gutierrez-Gonzales’s motion to reopen as untimely where the motion was filed over five years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Gutierrez-Gonzales…