Guevara Alfonso v. Mukasey

MEMORANDUM **

Rafael Augusto Guevara Alfonso, his wife and their daughter, natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying them motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review denials of motions to reconsider for abuse of discretion. Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005) (order). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review petitioners’ contentions relating to the denial of them application for asylum, withholding of removal and protection under the Convention Against Torture because this petition for review is not timely as to the BIA’s October 30, 2003 order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996).

Motions to reconsider must “state the reasons for the motion by specifying the errors of fact or law in the prior Board decision and shall be supported by pertinent authority.” 8 C.F.R. § 1003.2 (b)(1). Petitioners’ motion to reconsider did not identify any errors of law or fact in the previous BIA decision. Therefore, the BIA did not abuse its discretion in…