Yolanda Santos Ortiz v. ERIC H. HOLDER Jr., Attorney General

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).
MVD/Inventory
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
YOLANDA SANTOS ORTIZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-70993
Agency No. A095-180-882
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE and FISHER, Circuit Judges.
Yolanda Santos Ortiz, a native and citizen of Mexico, petitions pro se for
review of a Board of Immigration Appeals order denying her motion to reconsider
its order affirming an immigration judge’s decision denying her application for
FILED
DEC 28 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

2 MVD/Inventory 06-70993
cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
for abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002),
and we deny the petition for review.
The Board did not abuse its discretion in denying Santos Ortiz’s motion for
reconsideration as untimely, when it was filed beyond the 30-day time limit for
motions to reconsider. See 8 C.F.R. § 1003.2(b)(2). We lack jurisdiction to
consider Santos Ortiz’s contention that she would have filed a timely motion to
reopen but for her non-attorney’s ineffective assistance, because she did not
exhaust this claim before the Board. See Ontiveros-Lopez v. INS, 123 F.3d 1121,
1124 (9th Cir. 2000).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --