BENIGNO SANDOVAL-MADRIGAL V. JEFFERSON SESSIONS, No. 13-74107 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 15 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT BENIGNO SANDOVAL-MADRIGAL, AKA Jesus Osequerra, No. U.S. COURT OF APPEALS 13-74107 Agency No. A079-630-352 Petitioner, MEMORANDUM* v. 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. Benigno Sandoval-Madrigal, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal, which was treated as a motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider. * 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). Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Sandoval-Madrigal’s motion to reconsider the agency’s denial of adjustment of status as untimely, where it was filed more than 30 days after the BIA’s 2011 order became final. See 8 U.S.C. § 1229a(c)(6)(B) (motion to reconsider must be filed within 30 days of entry of a final order of removal); 8 U.S.C. § 1101(a)(47)(B)(i) (an order of removal becomes final when the BIA affirms the order); Pinto v. Holder, 648 F.3d 976, 986 (9th Cir. 2011) (a BIA order denying relief from removal, but remanding solely for voluntary departure proceedings is a final order of removal). PETITION FOR REVIEW DENIED. 2 13-74107

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