Ruballos

Ruballos v. Ashcroft

Good Law
118 F. App'x 230
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-74084, A72 534 816California490 words

Opinion

Lead Opinion

MEMORANDUM **

Norma Ruballos, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying her motions to reconsider and reopen the BIA’s October 17, 2002 decision dismissing her appeal of the Immigration Judge’s denial of her application for asylum and withholding of removal. To the extent that we have jurisdiction, it is conferred by 8 U.S.C. § 1252 (a)(1). We review the BIA’s denial of a motion to reconsider or reopen for abuse of discretion. Cano-Merida v. I.N.S., 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for review.

The BIA did not abuse its discretion in denying Ruballos’s motion to reopen. Ruballos filed her motion to reopen on June 27, 2003, more than six months after the BIA issued its final order of removal on October 17, 2002. See 8 C.F.R. § 1003.2 (c)(2) (a motion to reopen “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened”). No exceptions to the 90 day limitation apply in this case. See 8 C.F.R. § 1003.2 (c)(3) (setting forth exceptions to 90 day limitation). Because Ruballos’s motion to…

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