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358 F. App'x 925

Solorizano-Renderos v. Holder

U.S. Courts of Appeals

Decided December 28, 2009

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U.S. Courts of Appeals · decided 2009-12-28

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 · Ekimian v. Immigration & Naturalization Service · Singh v. Immigration & Naturalization Service

Decided 2009-12-28

MEMORANDUM

¶1 Maria Rosalia Solorizano-Renderos, a native and citizen of El Salvador, petitions *926 for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider. Our jurisdiction is governed by 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), and we deny in part and dismiss in part, the petition for review.

¶2 The BIA did not abuse its discretion in denying Solorizano-Renderos’ motion to reconsider as untimely because she filed the motion more than four years after the BIA issued its final order. See 8 C.F.R. § 1003.2(b)(2).

¶3 We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reconsider proceedings under 8 C.F.R. § 1003.2(a). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).

¶4 We lack jurisdiction to review the BIA’s May 17, 2002, order dismissing Solorizano-Renderos’ direct appeal because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

¶5 PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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

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