Eric Eleazar Marin-Zepeda 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIC ELEAZAR MARIN-ZEPEDA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70439
Agency No. A095-724-048
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Eric Eleazar Marin-Zepeda, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reconsider the denial of his motion to reopen. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reconsider,
FILED
OCT 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-70439 2
and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-
92 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Marin-Zepeda’s motion to
reconsider because the motion failed to identify any error of fact or law in the
BIA’s prior decision denying Marin-Zepeda’s motion to reopen. See 8 C.F.R.
§ 1003.2(b)(1).
The agency properly denied Marin-Zepeda voluntary departure where he
was unable to show the requisite good moral character because of his controlled
substance offense. See 8 U.S.C. §§ 1229c(b)(1)(B); 1101(f)(3) (enumerating the
criminal offenses that preclude a showing of good moral character, including 8
U.S.C. § 1182(a)(2)(A)(i)(II) which covers controlled substance offenses).
PETITION FOR REVIEW DENIED.

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