FILED
NOT FOR PUBLICATION OCT 13 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROXANNA JUDITH GUERRA, No. 08-72667
Petitioner, Agency No. A028-947-785
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Roxanna Judith Guerra, a native and citizen of Peru, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
discretion the denial of a motion to reconsider, Iturribarria v. INS, 321 F.3d 889,
894 (9th Cir. 2003), and we deny the petition for review.
The BIA was within its discretion in denying Guerra’s motion to reconsider
because the motion failed to identify any error of fact or law in the BIA’s prior
decision denying Guerra’s motion to reopen. 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).
PETITION FOR REVIEW DENIED.
2 08-72667