Wheaton

Wheaton v. Mukasey

Good Law
262 F. App'x 61
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-73212California409 words

Opinion

Lead Opinion

MEMORANDUM **

Joanne Wheaton, a native and citizen of Canada, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to remand and affirming an immigration judge’s (“IJ”) order denying her motion to reconsider its previous removal order. 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, Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005), and the denial of a motion to remand, Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000). We dismiss the petition for review in part and deny in part.

We lack jurisdiction to review the agency’s underlying removal order because the petitioner did not appeal from that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003). Instead, she filed only a motion to reconsider.

The BIA acted within its discretion in upholding the IJ’s denial of reconsideration because the IJ had correctly concluded that he lacked jurisdiction over the motion. See Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc) (“The purpose of a motion to reconsider is ... to demonstrate that the IJ or the BIA…

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