Sagastume

Sagastume v. Mukasey

Good Law
311 F. App'x 18
United States Court of Appeals for the Ninth CircuitJanuary 27, 2009No. 08-74284California325 words

Opinion

Lead Opinion

*19 MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s second 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, 778 (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). Petitioner’s final order of removal was entered on December 19, 2005. Because petitioner’s second motion to reopen was filed on April 16, 2008, beyond the 90-day deadline, and petitioner has not contended that any exceptions to the time and numerical limitations apply, the BIA did not abuse its discretion in denying petitioner’s motion to reopen as both untimely and number-barred. See id.

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

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