ESCOBAR AKA AKA v. SESSIONS III (2018)

MEMORANDUM **

Bryant Escobar petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings and reconsider the BIA’s dismissal of his appeal from an immigration judge’s (“IJ”) denial of his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reconsider or reopen, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we deny the petition for review.

We lack jurisdiction to review any challenge Escobar raises to the BIA’s January 30, 2013, order dismissing his appeal from an IJ’s denial of his first motion to reopen because Escobar’s petition for review was not timely as to that order. See Stone v. INS, 514 U.S. 386, 405, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995).

The BIA did not abuse its discretion by denying Escobar’s motion to reconsider where Escobar failed to identify any error of fact or law in the BIA’s prior order. See 8 C.F.R. § 1003.2(b)(1) (a motion to reconsider must specify errors of fact or law in a prior decision); Ma v. Ashcroft, 361 F.3d 553, 558 (9th Cir. 2004).

In his opening brief, Escobar does not raise any arguments challenging the BIA’s May 10, 2013, denial of his second motion to reopen. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver).

Finally, we deny Escobar’s request for fees under the Equal Access to Justice Act.

PETITION FOR REVIEW DENIED.