Hang Nam Yoon v. Mukasey

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reconsider and reopen.

We review the BIA’s denial of a motion to reopen or reconsider for abuse of dis *982 cretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The regulations state that motions to reconsider must be filed -within thirty days of the decision for which reconsideration is sought. See 8 C.F.R. § 1003.2 (b)(2). The regulations further state that a motion to reopen removal proceedings must be filed no later than ninety days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened. See 8 C.F.R. § 1003.2 (c)(2).

A review of the administrative record demonstrates that the BIA did not abuse its discretion in construing petitioner’s motion as one for reconsideration. See Iturribarria v. INS, 321 F.3d 889, 895-96 (9th Cir.2003) (holding that a motion to reconsider is a request that the BIA “reexamine its decision in light of additional legal arguments, a change of law, or perhaps an argument or aspect of a case which was overlooked, while [a] motion to reopen is usually based upon…