CHUNJI JIN V. ERIC HOLDER, JR., No. 13-71875 (9th Cir. 2014)

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FILED DEC 15 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CHUNJI JIN, No. 13-71875 Petitioner, Agency No. A097-887-398 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 9, 2014** Before: WALLACE, LEAVY, and BYBEE, Circuit Judges. Chunji Jin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her motion to reconsider the IJ’s prior denial of Jin’s motion to reopen and rescind her in absentia removal order. We have * 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). jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review. The agency did not abuse its discretion in denying Jin’s motion to reconsider where the motion failed to identify any error of fact or law in the IJ’s prior order. See 8 C.F.R. § 1003.23(b)(2); Mohammed, 400 F.3d at 791 (the court reverses the denial of a motion to reconsider only if the BIA acted “arbitrarily, irrationally, or contrary to law”). Contrary to Jin’s assertion, the agency sufficiently addressed her contention regarding her former counsel’s statements in response to her allegations of ineffective assistance. PETITION FOR REVIEW DENIED. 2 13-71875

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