No. 02-55613.

375 F.3d 805 (2003)

Jose Francisco NUNES, Petitioner-Appellant, v. John ASHCROFT, United States Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2003.

Amended July 8, 2004.

Attorney(s) appearing for the Case

Sylvia Baiz, San Diego, CA, for the petitioner-appellant.

Marion E. Guyton, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent-appellee.

Before RYMER and TALLMAN, Circuit Judges, and LEIGHTON, District Judge.

LEIGHTON, District Judge:

Jose Francisco Nunes appeals the district court's denial of his motion for reconsideration. We conclude that the district court did not abuse its discretion in denying the motion because Nunes did not present new evidence, identify a change in controlling law, or identify any clear error. Furthermore, the district court did not abuse its discretion when it failed to treat Nunes' motion as a request...


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