Eytan Izyaguyev v. U.S. Attorney General, No. 10-13754 (11th Cir. 2011)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-13754 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 24, 2011 JOHN LEY CLERK Agency No. A097-687-059 EYTAN IZYAGUYEV, a.k.a. Eytan Isiaguev, llllllllllllllllllllllllllllllllllllllll Petitioner, versus U.S. ATTORNEY GENERAL, lllllllllllllllllllllllllllllllllllllll lRespondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (June 24, 2011) Before TJOFLAT, CARNES and BARKETT, Circuit Judges. PER CURIAM: Eytan Izyaguyev petitions for review of the Bureau of Immigration Appeals s ( BIA ) denial of his motion to reconsider its summary affirmance of the Immigration Judge s ( IJ ) denial of his motion to reopen his removal proceedings, in which the IJ ordered Izaguyev s removal in absentia. We review the BIA s denial of a motion to reconsider for an abuse of discretion. Calle v. U.S. Att y Gen., 504 F.3d 1324, 1328 (11th Cir. 2007).1 A motion to reconsider shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority. INA § 240(c)(6)(C), 8 U.S.C. § 1229a(c)(6)(C); see 8 C.F.R. § 1003.2(b)(1). A motion to reconsider that merely reiterates arguments previously presented to the BIA does not specify errors of facts or law as required for a successful motion to reconsider. Calle, 504 F.3d at 1329. Here, the BIA properly found that the motion for reconsideration reiterated Izyaguyev s previous arguments and failed to point out an error of law or fact with respect to the BIA s summary affirmance of the IJ s denial of his motion to reopen. Accordingly, we deny Izyaguyev s petition for review. PETITION DENIED. 1 Although the government argues on appeal that there is no judicially manageable standard for reviewing the BIA s denial of the motion to reconsider, our case law provides that such motions are reviewed under an abuse-of-discretion standard. Accordingly, as stated in our March 2, 2011, order, we have jurisdiction to review the BIA s denial of Izyaguyev s motion to reconsider. 2
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