Rosas

Rosas v. Mukasey

Good Law
303 F. App'x 489
United States Court of Appeals for the Ninth CircuitDecember 15, 2008No. 08-73045California303 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 from the Board of Immigration Appeals’ (“BIA”) June 24, 2008 decision denying petitioners’ motion to reopen.

We have reviewed petitioners’ response to the court’s August 6, 2008 order to show cause and the record. We conclude that summary disposition is appropriate 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).

The regulations provide that 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.” See 8 C.F.R. § 1003.2 (c)(2). The BIA did not abuse its discretion in denying petitioners’ motion, filed more than a year and a half after the BIA’s July 17, 2006 decision affirming the denial of their applications for cancellation of removal. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002) (stating that the court reviews the denial of a motion to reopen for…

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