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389 F. App'x 734

Loomba v. Holder

U.S. Courts of Appeals

Decided August 2, 2010

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U.S. Courts of Appeals · decided 2010-08-02

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

Relies on Oscar Socop-Gonzalez v. Immigration and Naturalization Service · Lara-Torres v. Ashcroft · Singh v. Immigration & Naturalization Service

Decided 2010-08-02

¶1 MEMORANDUM

¶2 Albert Repelita Mambou, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), and we deny in part and dismiss in part the petition for review.

¶3 The BIA did not abuse its discretion in denying Mambou’s motion to reconsider because the motion failed to identify any error of law or fact in the BIA’s October 13, 2007, order dismissing his appeal. See 8 C.F.R. § 1003.2(b)(1); see also Socop-Gonzalez v. INS, 272 F.3d 1176, 1180 n. 2 (9th Cir.2001) (en banc) (purpose of a motion to reconsider is “to demonstrate that the IJ or the BIA erred as a matter of law or fact.”).

¶4 To the extent Mambou challenges the BIA’s October 30, 2007, order dismissing his appeal from the immigration judge’s decision denying his withholding of removal application, we lack jurisdiction 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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