FILED
NOT FOR PUBLICATION APR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HUMBERTO ALVEAR GARCIA; et al., No. 09-73688
Petitioners, Agency Nos. A096-067-348
A096-067-349
v. A096-067-350
ERIC H. HOLDER, Jr., Attorney General,
MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Humberto Alvear Garcia, Maria Del Rosario Hernandez Leana, and Elit
Edain Alvear Hernandez, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to reconsider its order denying their motion to
reopen based on ineffective assistance of counsel. We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
reconsider, Morales Apolinar v. Mukasey, 514 F.3d 893, 895 (9th Cir. 2008), and
we deny the petition for review.
The BIA did not abuse 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 denying reopening. See 8 C.F.R. § 1003.2(b)(1); see also
Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (petitioner was not
prejudiced by his counsel’s failure to file a brief with the BIA where there were no
plausible grounds for relief at the time of his appeal to the BIA).
PETITION FOR REVIEW DENIED.
2 09-73688