Nelson Noel VASQUEZ, Petitioner, v. Jeff B. SESSIONS, Attorney General, Respondent, 677 F. App'x 416

MEMORANDUM Nelson Noel Vasquez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider and reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen or reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Vasquez’s motion to reconsider because he failed to identify any error of fact or law in the BIA’s prior order. See 8 C.F.R. § 1003.2(b)(1). We lack jurisdiction to review Vasquez’s unexhausted contentions regarding compliance with Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and administrative closure. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (court lacks jurisdiction to review the merits of a legal claim not presented in administrative proceedings below).

We do not consider the extra-record evidence submitted for the first time with Vasquez’s opening brief. See 8 U.S.C. § 1252(b)(4)(A) (judicial review is limited to the administrative record); Dent v. Holder, 627 F.3d 365, 371 (9th Cir. 2010) (stating standard for review of out-of-record evidence). PETITION FOR REVIEW DENIED in part; DISMISSED in part. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.