Zarait Alarcon 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).
AP/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZARAIT ALARCON,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-72626
Agency No. A079-540-738
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Zarait Alarcon, a native and citizen of Mexico, petitions pro se for review of
the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing
FILED
FEB 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AP/Research 07-72626 2
for abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), we
deny in part and dismiss in part the petition for review.
Construed as a motion to reopen, the BIA did not abuse its discretion in
denying Alarcon’s motion where the new evidence she presented with the motion
did not support prima facie eligibility for cancellation of removal. See Fernandez
v. Gonzales, 439 F.3d 592, 600 (9th Cir. 2006).
Construed as a motion to reconsider, the BIA was within its discretion in
denying Alarcon’s motion where the motion failed to identify any error of fact or
law in the BIA’s prior decision affirming the immigration judge’s order denying
cancellation of removal. 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 Alarcon challenges the BIA’s January 31, 2007, order, we lack
jurisdiction because this petition for review is not timely as to that order. See 8
U.S.C. § 1252(b)(1); 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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