Espinosa

Espinosa v. Mukasey

Good Law
267 F. App'x 498
United States Court of Appeals for the Ninth CircuitFebruary 21, 2008No. 06-71872California538 words

Opinion

lead Opinion

MEMORANDUM ***

Petitioners Ponciano Espinosa Escobar and Minerva Rodriguez Espinosa, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) decision denying their motion to reconsider the BIA’s denial of their motion to reopen removal proceedings to permit them to apply for relief under the Convention Against Torture (“CAT”). Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

We review denials of motions to reconsider for an abuse of discretion. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004). The BIA did not abuse its discretion by denying petitioners’ motion to reconsider because petitioners failed to establish that the BIA’s decision to deny their previous motion to reopen was erroneous as a matter of fact or of law. See Ma v. Ashcroft, 361 F.3d 553, 558 (9th Cir.2004) (noting that “[a] petitioner’s motion to reconsider must identify a legal or factual error in the BIA’s prior decision”); see also 8 U.S.C. § 1229a(c)(6)(C); 8 C.F.R. § 1003.2 (b)(1). Petitioners failed to present any additional facts or…

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