Vargas-Placarte v. Holder , 358 F. App'x 897 ( 2009 )

FILED
NOT FOR PUBLICATION DEC 08 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VICTOR MANUEL VARGAS- No. 07-72071
PLANCARTE,
Agency No. A093-178-451
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Victor Manuel Vargas-Plancarte, 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 pursuant to 8 U.S.C. § 1252. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
IH/Research
review for abuse of discretion the denial of a motion to reconsider, Oh v. Gonzales,
406 F.3d 611, 612 (9th Cir. 2005), and we deny the petition for review.
The BIA did not abuse its discretion in denying Vargas-Plancarte’s motion
to reconsider because the motion failed to identify any error of law or fact in the
BIA’s December 8, 2006, order. See 8 C.F.R. § 1003.2(b)(1).
Vargas-Plancarte’s remaining contentions lack merit.
PETITION FOR REVIEW DENIED.
IH/Research 2 07-72071