Martinez-Salgado v. Mukasey

294 F. App'x 327
Court of Appeals for the Ninth Circuit·Decided September 23, 2008·No. No. 07-72493·Published

Opinion

MEMORANDUM **

Gutberto Martinez-Salgado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny the petition for review.

The BIA acted within its discretion in denying Martinez-Salgado’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2(b)(1); see also Socop-Gonzalez v. INS, 272 F.3d 1176, 1180 n. 2 (9th Cir. 2001) (en banc).

Martinez-Salgado’s motion to be released under an order of supervision is denied. PETITION FOR REVIEW DENIED.

Footnotes

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Martinez-Salgado v. Mukasey, 294 F. App'x 327 (9th Cir. 2008).

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