Miranda

Miranda v. Mukasey

Good Law
301 F. App'x 622
United States Court of Appeals for the Ninth CircuitNovember 13, 2008No. 08-73084California259 words

Opinion

lead Opinion

MEMORANDUM **

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

*623 This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reopen removal proceedings.

We review the BIA’s ruling on a motion to reopen for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

An alien who is subject to a final order of removal is limited to filing one motion to reopen removal proceedings, and that motion must be filed within 90 days of the date of entry of a final order of removal. 8 U.S.C. § 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2 (c)(2). Petitioners’ final order of removal was entered on July 3, 2006. Because petitioners’ motion to reopen was filed on May 13, 2008, well beyond the 90-day deadline, and petitioners have not contended that any exceptions to this time limit apply, the BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely. See id.

Accordingly, we sua sponte summarily deny this petition for review because the questions raised are so insubstantial as not to require further argument. See United States v. Hooton, 693…

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