Yanagui

MEMORANDUM **

In these consolidated petitions, Ricardo Garcia Yanagui, a native and citizen of Mexico, seeks review of: (1) the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order pretermitting his application for suspension of deportation, and granting the withdrawal with prejudice of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (No. 03-73284); (2) the BIA’s order denying his motion to reconsider (No. 04-71906); and (3) the BIA’s order denying his untimely motion to reopen (No. 04-72926). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review legal questions and constitutional issues de novo. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We review for abuse of discretion the denial of a motion to reopen or reconsider. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). We deny in part and dismiss in part the petition for review.

Yanagui’s argument that his due process rights were violated when the IJ refused to adjudicate his case under the rules for suspension of deportation is unavailing, because the…