Erik Daniel Perez 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NOT FOR PUBLICATION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
ERIK DANIEL PEREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-74012
Agency No. A078-023-830
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Erik Daniel Perez, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider.
We have jurisdiction under 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 960, 964 (9th Cir.
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

-- 1 of 3 --

08-74012 2
2002), and review de novo equal protection claims, Sandoval-Luna v. Mukasey,
526 F.3d 1243, 1246 (9th Cir. 2008). We deny in part and dismiss in part the
petition for review.
The BIA did not abuse its discretion in denying Perez’s motion to reconsider
because his motion did not identify an error of law or fact in the BIA’s prior order
where Perez failed to establish that the entry of judgment for his guilty plea had
been deferred pursuant to Cal. Penal Code § 1000 et seq. See 8 C.F.R.
§ 1003.2(b)(1); Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1292-93 (9th Cir. 2000).
We lack jurisdiction to review Perez’s contention that he is eligible for
expungement under Cal. Penal Code § 1203.4 or 1203.4a because he failed to
exhaust this contention before the agency. See Barron v. Ashcroft, 358 F.3d 674,
678 (9th Cir. 2004).
Perez’s equal protection claim is not persuasive. See Sandoval-Luna, 526
F.3d at 1247.
The Clerk shall amend the docket to reflect that Perez is proceeding pro se.
The Clerk shall serve this order on Perez at the address provided in his request to
proceed pro se: c/o Perez Family, 12979 Thirteenth Street, Chino, California
91710.

-- 2 of 3 --

08-74012 3
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

-- 3 of 3 --