Pedro Vilarde Reyes v. John Ashcroft, Attorney General

ORDER AND AMENDED OPINION

ORDER

The Opinion filed on November 12, 2003, and published at 348 F.3d 1126 (9th Cir. 2003) is amended as follows:

At page 1128, section I, amend the entire third paragraph to read as follows:

At page 1131 through page 1132, amend the entire section C to read as follows:

PETITION DENIED

OPINION

Pedro Vilarde Reyes petitions for review of a Board of Immigration Appeals (Board) order denying his motion to reopen deportation proceedings. Reyes argues that the Board abused its discretion because his motion to reopen substantially complied with the Board’s threshold procedural requirements outlined in Matter of Lozada, 19 I. & N. Dec. 637 , 1988 WL 235454 (BIA 1988). We have jurisdiction to review the Board’s decision pursuant to 8 U.S.C. § 1252 (b). Monjaraz-Munoz v. INS, 327 F.3d 892, 894 (9th Cir.2003). We conclude that the Board did not abuse its discretion, and we deny Reyes’s petition for review.

I.

Reyes, a native and citizen of the Philippines, entered the United States on a non-immigrant visa on February 5, 1990. He remained in the United States after his visa’s May 30, 1990, deadline, and a notice to appear issued more than eight years…