Campos Villagomez v. Gonzales

MEMORANDUM ****

Miguel Campos-Villagomez petitions for review of the denial of his motion to reopen by the Board of Immigration Appeals (“BIA”). In light of our decisions in Zazueta-Carrillo v. Ashcroft, 322 F.3d 1166 (9th Cir.2003), and de Martinez v. Ashcroft, 374 F.3d 759 (9th Cir.2004), we deny his petition.

In an order dated November 7, 2002, the BIA affirmed the order of the immigration judge, which found Campos-Villagomez removable and granted him sixty days to depart voluntarily. The BIA granted him an additional thirty days, until December 7, 2002, in which to voluntarily depart. On February 5, 2003, Campos-Villagomez filed a motion to reopen seeking to adjust his status on account of his marriage to a U.S. citizen. The BIA denied that motion, without reaching its merits, in an order dated June 17, 2003. It held that Campos-Villagomez was statutorily ineligible for the relief sought because he had stayed beyond the thirty-day period allotted and was therefore ineligible for adjustment of status for a period of ten years under 8 U.S.C. § 1229c(d). Campos-Villagomez contends that the BIA abused its discretion in denying his motion to reopen because he was entitled to file…