Pedro Lara-Urieta v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PEDRO LARA-URIETA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72651
Agency No. A095-788-491
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Pedro Lara-Urieta, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) denial of his motion to reconsider. Our jurisdiction is
governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a
FILED
JAN 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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motion to reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005),
and we deny in part and dismiss in part the petition for review.
The agency did not abuse its discretion in denying Lara-Urieta’s motion to
reconsider as untimely because it was filed more than 30 days after the IJ’s
decision. See 8 C.F.R. § 1003.23(b).
We lack jurisdiction to consider Lara-Urieta’s contention that his former
attorneys provided ineffective assistance because Lara-Urieta failed to exhaust
these claims before the agency. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.
2010) (“We lack jurisdiction to review legal claims not presented in an alien’s
administrative proceedings before the BIA.”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
12-72651 2

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