Urbina

Urbina v. Mukasey

Good Law
301 F. App'x 626
United States Court of Appeals for the Ninth CircuitNovember 13, 2008No. 08-73155California288 words

Opinion

lead Opinion

MEMORANDUM **

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

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s third 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).

*627 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). Because this is petitioner’s third motion to reopen, filed well beyond the 90-day deadline, the BIA did not abuse its discretion in denying petitioner’s motion to reopen. See id.

Accordingly, respondent’s motion for summary disposition is granted in part 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).

As to petitioner’s request for sua sponte reopening, this…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.