Tellez-Munguia

MEMORANDUM **

Dolores Tellez-Munguia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reconsider or reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and review for abuse of discretion the denial of a motion to reopen or reconsider. See Yeghiazaryan v. Gonzales, 439 F.3d 994, 998 (9th Cir.2006); Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

The BIA construed Tellez-Munguia’s motion as both a motion to reopen and a motion to reconsider. It concluded that as a motion to reopen, the motion exceeded the numerical limit for motions to reopen under 8 C.F.R. § 1003.2 (c)(2). It also concluded that, to the extent that Tellezr-Munguia was seeking reconsideration, the motion exceeded the numerical limit for motions to reconsider under 8 C.F.R. § 1003.2 (b)(2).

The certified administrative record indicates that Tellez-Munguia had exhausted the limits for both types of motions by previously submitting a Motion to Reopen and/or Reconsider, which presented new evidence and raised legal arguments. The second motion substantially repeated the first motion, 1 but also…