Albertina Gonzalez-Gonzalez v. Eric Holder, Jr.

540 F. App'x 663

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 26, 2013
• Docket: 11-72030
• Status: Unpublished

Opinion

MEMORANDUM **

Albertina Gonzalez-Gonzalez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider. Our jurisdiction is governed by 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). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Gonzalez-Gonzalez’s motion to reconsider because she failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2(b)(1).

Gonzalez-Gonzalez failed to raise a col-orable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

We lack jurisdiction to consider Gonzalez-Gonzalez’s contention that her case warrants a favorable exercise of prosecuto-rial discretion. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir.2012) (order). Thus, we dismiss Gonzalez-Gonzalez’s motion requesting it.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.