Roxanna Guerra v. Eric H. Holder Jr., No. 08-72667 (9th Cir. 2010)

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FILED OCT 13 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ROXANNA JUDITH GUERRA, Petitioner, No. 08-72667 Agency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

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