Vasquez

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) decision denying petitioner’s motion to reconsider the denial of petitioner’s motion to reopen. We review the denial of a motion to reopen for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002).

On January 31, 2006, petitioner’s motion to reopen to apply for relief under the Convention Against Torture was denied. Petitioner then filed a second motion titled a motion to reopen on October 19, 2006. Petitioner’s October 19, 2006 motion was identical in form and content to the January 12, 2006 motion. As such, the BIA construed the October 19, 2006 motion to reopen as a motion to reconsider the denial of the January 12, 2006 motion. The BIA denied petitioner’s motion to reconsider on November 30, 2007 and this petition followed.

Where a petitioner improperly titles a motion to reopen or reconsider, the BIA *441 should construe the motion based on its underlying purpose. See Mohammed v. Gonzales, 400 F.3d 785, 793 (9th Cir.2005). Here, the BIA properly construed petitioner’s motion to reopen as a motion to reconsider the January 31, 2006 order. See id.; 8 C.F.R. §…