Vasquez-Moreno
Vasquez-Moreno v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Fernando Vasquez-Moreno and his wife Delfina Cerezo-Diaz (“the Petitioners”), both natives and citizens of Mexico, petition for review of a final decision of the Board of Immigration Appeals (“BIA”) denying their motion to reconsider the dismissal of their appeal as untimely and to reopen their deportation proceedings. The transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 apply, and we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for abuse of discretion, INS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992), and deny the petition.
The Petitioners filed their appeal of the Immigration Judge’s (“U”) denial of their applications for suspension of deportation six days late. The BIA dismissed the appeal as untimely. The Petitioners subsequently moved for the BIA to reconsider or reopen their deportation proceedings and alleged that the notary public they retained to file the appeal failed to act in a timely fashion. The BIA denied the motion.
The BIA did not abuse its discretion in denying the Petitioners’ motion to reconsider because…