Vargas-Plancarte v. Holder

FILED NOT FOR PUBLICATION DEC 08 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT VICTOR MANUEL VARGAS- No. 07-72071 PLANCARTE, Agency No. A093-178-451 Petitioner, v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges. Victor Manuel Vargas-Plancarte, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252. We * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). IH/Research review for abuse of discretion the denial of a motion to reconsider, Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir. 2005), and we deny the petition for review. The BIA did not abuse its discretion in denying Vargas-Plancarte’s motion to reconsider because the motion failed to identify any error of law or fact in the BIA’s December 8, 2006, order. See 8 C.F.R. § 1003.2(b)(1). Vargas-Plancarte’s remaining contentions lack merit. PETITION FOR REVIEW DENIED. IH/Research 2 07-72071