NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 29 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DIEGO LUCAS-MOLINA, No. 20-70372 Petitioner, Agency No. A206-457-340 v. MEMORANDUM* ROBERT M. WILKINSON, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 20, 2021** Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges. Diego Lucas-Molina, 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 order denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). denial of a motion to reconsider. Ghahremani v. Gonzales, 498 F.3d 993, 997 (9th Cir. 2007). We deny the petition for review. The BIA did not abuse its discretion in denying Lucas-Molina’s motion to reconsider based on his wife’s pending petition for a U visa, where Lucas-Molina failed to identify any error of law or fact in the BIA’s prior decision. See 8 C.F.R. § 1003.2(b)(1) (a motion to reconsider must identify errors of fact or law in a prior decision); Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005) (the BIA abuses its discretion if it acts arbitrarily, irrationally, or contrary to law). In his opening brief, Lucas-Molina does not challenge the BIA’s denial of his motion to reconsider based on ineffective assistance of counsel. See Martinez- Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived). As stated in the court’s March 27, 2020 order, the temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 20-70372 20-70372 Court of Appeals for the Ninth Circuit ca9 9th Cir. Diego Lucas-Molina v. Robert Wilkinson 29 January 2021 Agency Unpublished 1a74e73a6681bcfe9191d82e0f94a04dc0a15f87
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