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Melgar v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 269 (9th Cir. 2012)

Opinion

No. 10-71866 Agency No. A072-232-417

10-15-2012

MORENA GUADALUPE MELGAR, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Morena Guadalupe Melgar, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reconsider the BIA's prior decision dismissing her appeal and denying her motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider. Valeriano v. Gonzales, 474 F.3d 669, 672 (9th Cir. 2007). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Melgar's motion to reconsider where she did not identify any error of law or fact in the BIA's previous determinations that she did not qualify for cancellation of removal under 8 U.S.C. § 1229b(a), and that her motion to remand failed to show that the evidence she had submitted was not available at the time of her hearing before the immigration judge. See 8 C.F.R. § 1003.2(b)(1), (c)(1); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1063 (9th Cir. 2008) ("The formal requirements of a motion to remand and a motion to reopen are the same.").

We lack jurisdiction to review Melgar's contentions that 8 U.S.C. § 1254a(e) does not apply to individuals seeking cancellation of removal under 8 U.S.C. § 1229b(a) and that the agency miscalculated her seven years of continuous residence under 8 U.S.C. § 1229b(a)(2) because she did not raise these claims before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Melgar v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 269 (9th Cir. 2012)
Case details for

Melgar v. Holder

Case Details

Full title:MORENA GUADALUPE MELGAR, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 269 (9th Cir. 2012)