Estrada-Mederos
Estrada-Mederos v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order de *518 nying petitioners’ motion for administrative closure and declining to sua sponte reopen petitioners’ removal proceedings.
This court lacks jurisdiction to review the BIA’s refusal to reopen removal proceedings sua sponte. See Ekimian v. INS, 303 F.3d 1153, 1159-60 (9th Cir. 2002). Accordingly, respondent’s unopposed motion to dismiss in part is granted.
Respondent’s unopposed motion for summary disposition in part is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). First, administrative closure is not available after entry of a final order of removal. See Matter of Lopez-Barrios, 20 I. & N. Dec. 203 (BIA 1990). Second, to the extent that petitioners’ motion could be construed as a motion to reopen removal proceedings, the BIA did not abuse its discretion in concluding that petitioners’ second motion to reopen was untimely and numerically barred. See 8 C.F.R. § 1003.2 (c)(2); Lara-Torres v. Ashcroft, 383 F.3d…