Franco

Franco v. Immigration & Naturalization Service

Good Law
31 F. App'x 561
United States Court of Appeals for the Ninth CircuitMarch 21, 2002No. 01-70067; INS No. A70-928-282California489 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Deysi Franco, a native and citizen of El Salvador, petitions for review of a final decision of the Board of Immigration Appeals (“BIA”) denying her motion to reopen her deportation proceedings sua sponte pursuant to 8 C.F.R. § 3.2 (a). We have jurisdiction pursuant to 8 U.S.C. § llOSata). 1 See Socop-Gonzalez v. INS, 272 F.3d 1176, 1183 (9th Cir.2001) (en banc). We deny the petition.

We review for abuse of discretion the BIA’s denial of a motion to reopen. See id. at 1187 . The BIA did not abuse its discretion in declining to reopen Franco’s deportation proceedings sua sponte because she did not demonstrate the requisite “exceptional circumstances.” See id. at 1191 . Because the poor advice Franco received from a notary public in 1994 did not cause her to miss the September 11, 1998 deadline for filing a motion to reopen pursuant to the Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 105-100, 11 Stat. 2160 (Nov. 19, 1997), amended by Pub. L. No. 105-139, 11 Stat. 2644 (Dec. 2, 1997) (“NACARA”), such advice does not constitute “extraordinary circumstances.” Similarly, the passage of NACARA does not constitute “extraordinary circumstances”…

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