FILED
NOT FOR PUBLICATION DEC 21 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAIRO ALEXANDER RAMIREZ- No. 09-73946
CARMENDEZ, a.k.a. Man Little,
Agency No. A097-374-494
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jairo Alexander Ramirez-Carmendez, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
his motion to reconsider the BIA’s prior decision denying his motion to reopen.
*
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).
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to reconsider. Valeriano v. Gonzales, 474 F.3d
669, 672 (9th Cir. 2007). We deny in part and dismiss in part the petition for
review.
The BIA did not abuse its discretion in denying Ramirez-Carmendez’s
motion to reconsider where he did not identify any error of law or fact in the BIA’s
prior decision denying his motion to reopen as untimely. See 8 C.F.R.
§ 1003.2(b)(1), (c)(2)-(3).
We lack jurisdiction to review the BIA’s July 24, 2007, underlying order
sustaining the Department of Homeland Security’s direct appeal from the
immigration judge’s decision because this petition for review is not timely as to
that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-73946