Jairo Alexander Ramirez- Carmendez, a.k.a. Man Little 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NOT FOR PUBLICATION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
JAIRO ALEXANDER RAMIREZ-
CARMENDEZ, a.k.a. Man Little,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73946
Agency No. A097-374-494
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jairo Alexander Ramirez-Carmendez, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
his motion to reconsider the BIA’s prior decision denying his motion to reopen.
FILED
DEC 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73946 2
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to reconsider. Valeriano v. Gonzales, 474 F.3d
669, 672 (9th Cir. 2007). We deny in part and dismiss in part the petition for
review.
The BIA did not abuse its discretion in denying Ramirez-Carmendez’s
motion to reconsider where he did not identify any error of law or fact in the BIA’s
prior decision denying his motion to reopen as untimely. See 8 C.F.R.
§ 1003.2(b)(1), (c)(2)-(3).
We lack jurisdiction to review the BIA’s July 24, 2007, underlying order
sustaining the Department of Homeland Security’s direct appeal from the
immigration judge’s decision because this petition for review is not timely as to
that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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