Sofia Delatorre v. Jefferson Sessions

677 F. App'x 438

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 22, 2017
• Docket: 15-71254
• Status: Unpublished

Opinion

MEMORANDUM **

Sofia Saldivar Delatorre, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider the BIA’s prior dismissal of her appeal from an immigration judge’s decision denying her application for special rule cancellation of removal for battered spouses pursuant to 8 U.S.C. § 1229b(b)(2). 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). We deny the petition for review.

The BIA did not abuse its discretion in denying Delatorre’s motion to reconsider, where she failed to establish any error of fact or law in the BIA’s prior order. See 8 C.F.R. § 1003.2(b)(1) (a motion to reconsider must specify errors of fact or law in a prior decision); 8 U.S.C. § 1101(f) (defining good moral character “[f]or the purposes of this Act”);. cf. Romero-Ochoa v. Holder, 712 F.3d 1328, 1330-32 (9th Cir. 2013) (concluding that 8 U.S.C. § 1101(f)(7) was constitutional in the context of cancellation of removal and voluntary departure under 8 U.S.C. §§ 1229b(b)(1), 1229c(b)(1)).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.