Miguel Quijosa v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 15 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MIGUEL ANGEL QUIJOSA, No. 15-72816 Petitioner, Agency No. A205-065-550 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 9, 2017** Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges. Miguel Angel Quijosa, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reconsider, Cano-Merida v. INS, 311 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). F.3d 960, 964 (9th Cir. 2002), and we deny the petition for review. The BIA did not abuse its discretion in denying the motion to reconsider as untimely where Quijosa’s filed the motion over seven months after the filing deadline. See 8 U.S.C. § 1229a(c)(6)(B) (setting a 30 day deadline for motions to reconsider). We do not consider Quijosa’s contentions relating to the agency’s underlying denial of cancellation of removal. We previously addressed the agency’s denial of relief in Quijosa v. Holder, No. 13-73669 (9th Cir. Feb. 25, 2014) (Order). PETITION FOR REVIEW DENIED. 2 15-72816