Cruz Nolberto Sumeta 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NOT FOR PUBLICATION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
CRUZ NOLBERTO SUMETA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71995
Agency No. A070-212-971
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Cruz Nolberto Sumeta, native and citizen of Guatemala, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reconsider. Our jurisdiction is governed by 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
FILED
JUL 16 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71995 2
960, 964 (9th Cir. 2002), and we dismiss in part and deny in part the petition for
review.
We lack jurisdiction to review the BIA’s January 23, 2008, order because
Sumeta failed to timely petition this court for review of that order. See Singh v.
INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
The BIA was within its discretion in denying Sumeta’s motion to reconsider
because the motion failed to identify any error of fact or law in the BIA’s January
23, 2008, 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).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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