
    Gurdev SINGH, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.
    No. 05-76371.
    United States Court of Appeals, Ninth Circuit.
    Submitted Aug. 13, 2007 .
    Filed Aug. 22, 2007.
    Olumide K. Obayemi, Esq., Law Offices of Olumide K. Obayemi, for Petitioner.
    Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Robert D. Brook, Esq., U.S. Department of Justice, Environmental Enforcement Section, Washington, DC, for Respondent.
    Before: KLEINFELD, SILVERMAN, and M. SMITH, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Gurdev Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252. We review for abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s underlying order, dated July 18, 2005, adopting and affirming the immigration judge’s decision denying Singh’s applications for asylum, withholding of removal, and relief under the Convention Against Torture because the petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

The BIA acted within its discretion in denying Singh’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2(b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176, 1180 n. 2 (9th Cir.2001) (en banc).

PETITION FOR REVIEW DISMISSED in part; DENIED in part. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     