Rodriguez

Rodriguez v. Mukasey

Good Law
310 F. App'x 952
United States Court of Appeals for the Ninth CircuitJanuary 29, 2009No. 08-73604California375 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reopen removal proceedings and to reconsider its prior decision dismissing petitioners’ appeal.

*953 We review the BIA’s ruling on a motion to reopen and to reconsider for abuse of discretion. See 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(e)(7)(A), (C)(i); 8 C.F.R. § 1003.2 (c)(2).

Similarly, an alien who is subject to a final order of removal is limited to filing one motion to reconsider a prior decision that the alien is removable from the United States, and that motion must be filed within 30 days of the date of entry of a final order of removal. 8 U.S.C. § 1229a(c)(6)(A), (B); 8 C.F.R. § 1003.2 (b)(2).

Because petitioners’ second motion to reopen and to reconsider was filed beyond the deadlines, and petitioners have not contended that any exceptions to this time limit apply, the BIA did not abuse its discretion in…

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