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285 F. App'x 362

Colunga v. Mukasey

U.S. Courts of Appeals

Decided July 7, 2008

U.S. Courts of Appeals · decided 2008-07-07

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Cano-Merida v. Immigration & Naturalization Service · Oscar Socop-Gonzalez v. Immigration and Naturalization Service

Decided 2008-07-07

¶1MEMORANDUM …

¶2Ricardo Franco Colunga and Maria Guadalupe Aguilar Valenzuela, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider the BIA’s order dismissing their appeal from an immigration judge’s (“LJ”) denial of their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for. review.

¶3The BIA was within its discretion in denying petitioners’ motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision affirming the IJ’s order denying cancellation of removal. See 8 C.F.R. § 1003.2(b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176, 1180 n. 2 (9th Cir.2001) (en banc).

¶4PETITION FOR REVIEW DENIED.

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

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