From Casetext: Smarter Legal Research

Vasquez v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 15, 2015
No. 12-70741 (9th Cir. Dec. 15, 2015)

Opinion

No. 12-70741

12-15-2015

MARIA OLIMPIA VASQUEZ, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A099-732-115 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.

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

Maria Olimpia Vasquez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' ("BIA") February 10, 2012, order denying her motion to reconsider its October 12, 2011, order dismissing her appeal from an immigration judge's decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA's denial of a motion to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Vasquez's motion to reconsider because the motion failed to identify any error of fact or law in the BIA's prior order. See 8 C.F.R. § 1003.2(b)(1).

To the extent Vasquez challenges the agency's underlying order denying the merits of her claims, we lack jurisdiction to review it because Vasquez did not file a petition for review of that order. See Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir. 2005).

We reject Vasquez's requests for a remand or mediation to consider her application for Cancellation of Removal because the record does not indicate that Vasquez applied for this relief.

Finally, we deny Vasquez's general request for a remand as stated in her motion to stay removal.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Vasquez v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 15, 2015
No. 12-70741 (9th Cir. Dec. 15, 2015)
Case details for

Vasquez v. Lynch

Case Details

Full title:MARIA OLIMPIA VASQUEZ, Petitioner, v. LORETTA E. LYNCH, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 15, 2015

Citations

No. 12-70741 (9th Cir. Dec. 15, 2015)