Maldonado

Maldonado v. Mukasey

Good Law
311 F. App'x 37
United States Court of Appeals for the Ninth CircuitJanuary 28, 2009No. 08-74280California264 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.

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).

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). Petitioners’ final orders of removal were entered on March 6, 2006. Because petitioners’ second motion to reopen was filed on July 23,2008, beyond the 90-day deadline, and petitioners have not contended that any exceptions to the time and numerical limitations apply, the BIA did not abuse its discretion in denying petitioners’ motion to reopen as both untimely and number-barred. See id.

Accordingly, respondent’s motion for summary disposition 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 Cir.1982) (per…

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