Chunji Jin v. Eric Holder, Jr. , 588 F. App'x 607 ( 2014 )

FILED
NOT FOR PUBLICATION DEC 15 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHUNJI JIN, No. 13-71875
Petitioner, Agency No. A097-887-398
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Chunji Jin, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration
judge’s (“IJ”) decision denying her motion to reconsider the IJ’s prior denial of
Jin’s motion to reopen and rescind her in absentia removal order. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
a motion to reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005),
and we deny the petition for review.
The agency did not abuse its discretion in denying Jin’s motion to reconsider
where the motion failed to identify any error of fact or law in the IJ’s prior order.
See 8 C.F.R. § 1003.23(b)(2); Mohammed, 400 F.3d at 791 (the court reverses the
denial of a motion to reconsider only if the BIA acted “arbitrarily, irrationally, or
contrary to law”). Contrary to Jin’s assertion, the agency sufficiently addressed her
contention regarding her former counsel’s statements in response to her allegations
of ineffective assistance.
PETITION FOR REVIEW DENIED.
2 13-71875