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Monterroso v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 871 (9th Cir. 2012)

Opinion

No. 11-70443 Agency No. A070-857-782 Agency No. A099-054-660

10-15-2012

YONI FEDERICO GRAMAJO MONTERROSO and RUTH A. RODRIGUEZ, Petitioners, 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NOT FOR PUBLICATION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.

Yoni Federico Gramajo Monterroso and Ruth A. Rodriguez, natives and citizens of Guatemala, petition pro se for review of the Board of Immigration Appeals' ("BIA") order denying their motion to reconsider the BIA's earlier decision dismissing their appeal from an immigration judge's removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, and review de novo due process challenges. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying petitioners' motion to reconsider because the motion failed to identify any error of law or fact in the BIA's October 7, 2010, order. See 8 C.F.R. § 1003.2(b)(1). Petitioners' contention that the denial of their motion to reconsider violated due process therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice for a due process violation).

To the extent that petitioners challenge the BIA's underlying order dismissing their appeal, we lack jurisdiction because this petition is not timely as to that order. See 8 U.S.C. § 1252(b)(1) (petitions for review must be filed within 30 days of the final order of removal); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Monterroso v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 871 (9th Cir. 2012)
Case details for

Monterroso v. Holder

Case Details

Full title:YONI FEDERICO GRAMAJO MONTERROSO and RUTH A. RODRIGUEZ, Petitioners, v…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 871 (9th Cir. 2012)