Piedracruz

Piedracruz v. Mukasey

Good Law
311 F. App'x 23
United States Court of Appeals for the Ninth CircuitJanuary 28, 2009No. 08-73991California300 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reopen removal proceedings and reconsider its previous order.

We have reviewed the response to the October 9, 2008 order to show cause. We dismiss this petition for review for lack of jurisdiction with respect to the BIA’s denial of the motion to reopen. See 8 U.S.C. § 1252 (a)(2)(B)(i); Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir.2006) (concluding that the court lacks jurisdiction to review the Board of Immigration Appeals’ denial of motion to reopen for failure to establish a prima facie case if a prior adverse discretionary decision was made by the agency).

We deny the petition for review with respect to the BIA’s denial of the motion to reconsider 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). An alien in removal proceedings is limited to filing one motion to reconsider any given decision, and that motion must be filed within 30 days of the date of entry of that decision. 8 C.F.R. §…

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