Hmidan

Hmidan v. Holder

Good Law
471 F. App'x 765
United States Court of Appeals for the Ninth CircuitMarch 14, 201206-73586California127 words

Opinion

MEMORANDUM

Afak Hamis Hmidan and her children petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law. Lin v. Gonzales, 473 F.3d 979, 981 (9th Cir.2007). We deny the petition for review.

The BIA correctly determined that 8 C.F.R. § 1003.23 (b) barred petitioners’ motion to reopen where petitioners departed the United States while they were still the subjects of removal proceedings. See id. at 982 .

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.