Esquivel de Ortega v. Gonzales

MEMORANDUM **

Francisca Eugenia Esquivel de Ortega, a native and citizen of Guatemala, petitions *210 for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen, construed by the BIA as a motion to reconsider. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider and a motion to reopen. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA acted within its discretion in denying Esquivel de Ortega’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2 (b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en bane). Contrary to counsel’s assertions, the record clearly demonstrates that current counsel withdrew Esquivel de Ortega’s asylum application and never sought to reinstate it.

We lack jurisdiction to review the BIA’s underlying order, dated March 14, 2005, dismissing Esquivel de Ortega’s appeal from the IJ’s decision, because the petition…