Gonzalez

Gonzalez v. Mukasey

Good Law
262 F. App'x 64
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-73715California323 words

Opinion

Lead Opinion

MEMORANDUM **

Erasto Granados Gonzalez and Maria Elisa Granados petition for review of a Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider its previous order summarily affirming an immigration judge’s decision denying their application for cancellation of removal. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings, see Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and we review for abuse of discretion the denial of a motion to reconsider, see Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA acted within its discretion in denying the petitioners’ motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision affirming the IJ’s denial of petitioners’ application for cancellation of re *66 moval. See 8 C.F.R. § 1003.2 (b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc).

The petitioners’ equal protection claim is unavailing. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir. 2002)…

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