Garcia-Lobato

Garcia-Lobato v. Mukasey

Good Law
311 F. App'x 33
United States Court of Appeals for the Ninth CircuitJanuary 28, 2009No. 08-72285California355 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reopen their removal proceedings.

We review the BIA’s ruling on a motion to reopen for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

A review of the administrative record demonstrates that petitioners’ motion to reopen did not challenge the BIA’s prior decision that petitioners Edelmira Lazaro-Pastor, Judith Garcia-Lazaro, Liliana Garcia-Lazaro and Emmaneul Garcia-Lazaro failed to establish continuous physical presence in the United States for a period of not less than ten years as required for cancellation of removal. Therefore the BIA did not abuse its discretion in denying the motion as to Edelmira Lazaro-Pastor, Judith Garcia-Lazaro, Liliana Garcia-Lazaro and Emmaneul Garcia-Lazaro. See 8 U.S.C. § 1229b(b)(l)(A); Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004). Accordingly, we summarily deny the petition as to Edelmira Lazaro-Pastor, Judith Garcia-Lazaro, Liliana Garcia-Lazaro and Emmaneul Garcia-Lazaro because the questions raised in this petition are so insubstantial as not to require further argument. See…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.