Ramirez

Ramirez v. Mukasey

Good Law
303 F. App'x 541
United States Court of Appeals for the Ninth CircuitDecember 16, 2008No. 08-72363California397 words

Opinion

lead Opinion

MEMORANDUM **

Petitioners have filed a motion to reinstate their petition for review. That motion also contains a request to proceed in forma pauperis, accompanied by petitioners’ financial affidavit. The motion to reinstate and request to proceed in forma pauperis are 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 petitioners’ motion to reconsider and reopen removal proceedings. Petitioners’ opposition to respondent’s motion for summary affirmance in part and dismissal in part shall also serve as a response to this court’s June 13, 2008, order to show cause why this petition should not be summarily affirmed in part and dismissed in part.

Upon review of the record and the parties’ papers, respondent’s motion for summary affirmance in part and dismissal in part is granted. A motion for reconsideration must be filed within 30 days of the date of entry of a final order of removal. See 8 U.S.C. § 1229a(c)(6)(B); 8 C.F.R. § 1003.2 (b)(2). Because petitioners’ motion for reconsideration was filed beyond the 30-day deadline, and petitioners have not contended that any exceptions…

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