Zhixin Xia v. Mukasey

MEMORANDUM **

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

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

The statute and regulations provide, with certain exceptions that do not apply to this case, that the motion to reopen must be filed within 90 days after 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). Because petitioner’s motion to reopen was filed beyond the 90-day deadline, and petitioner has not established that any recognized exceptions to the time limit applies, the BIA did not abuse its discretion in denying petitioner’s motion to reopen as untimely. See id.

The statute and regulations provide that a motion to reconsider must be filed within 30 days after the mailing of the BIA’s decision. See 8 U.S.C. § 1229a(c)(6)(B); 8 C.F.R. § 1003.2 (b)(2). We conclude that the BIA did not abuse its discretion in denying the motion to reconsider because petitioner’s motion to reconsider was…