Noemi Martinez-Benitez 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NOT FOR PUBLICATION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
NOEMI MARTINEZ-BENITEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73226
Agency No. A074-418-128
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Noemi Martinez-Benitez, a native and citizen of El Salvador, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order denying her
motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for
an abuse of discretion the BIA’s denial of a motion to reconsider and review de
FILED
JUL 31 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73226 2
novo claims of due process violations. Cano-Merida v. INS, 311 F.3d 960, 964
(9th Cir. 2002). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Martinez-Benitez’s motion
to reconsider because the motion failed to identify any error of fact or law in the
BIA’s prior order. See 8 C.F.R. § 1003.2(b)(1); Socop-Gonzalez v. INS, 272 F.3d
1176, 1180 n. 2 (9th Cir. 2001) (en banc). To the extent Martinez-Benitez
contends that the BIA violated her due process rights in denying the motion to
reconsider, the claim lacks merit. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.
2000) (requiring error to prevail on a due process claim).
We lack jurisdiction to review any challenge Martinez-Benitez makes to the
BIA’s underlying order dismissing her appeal, because the petition for review is
not timely as to that order. See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315 F.3d
1186, 1188 (9th Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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