PEDRO LARA-URIETA V. ERIC HOLDER, JR., No. 12-72651 (9th Cir. 2014)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 24 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PEDRO LARA-URIETA, Petitioner, No. 12-72651 Agency No. A095-788-491 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. Pedro Lara-Urieta, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s ( IJ ) denial of his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a * 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). motion to reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny in part and dismiss in part the petition for review. The agency did not abuse its discretion in denying Lara-Urieta s motion to reconsider as untimely because it was filed more than 30 days after the IJ s decision. See 8 C.F.R. § 1003.23(b). We lack jurisdiction to consider Lara-Urieta s contention that his former attorneys provided ineffective assistance because Lara-Urieta failed to exhaust these claims before the agency. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) ( We lack jurisdiction to review legal claims not presented in an alien s administrative proceedings before the BIA. ). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 12-72651
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