JAIRO RAMIREZ-CARMENDEZ V. ERIC HOLDER, JR., No. 09-73946 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 21 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JAIRO ALEXANDER RAMIREZCARMENDEZ, a.k.a. Man Little, No. 09-73946 Agency No. A097-374-494 Petitioner, MEMORANDUM * v. 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