Rodriguez-Alonso

Rodriguez-Alonso v. Mukasey

Good Law
311 F. App'x 61
United States Court of Appeals for the Ninth CircuitJanuary 29, 2009No. 08-73235California381 words

Opinion

Lead Opinion

MEMORANDUM **

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

We have reviewed the petitioner’s response to the court’s order to show cause, and we conclude that 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). Accordingly, the petition for review is denied in part.

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

We review the BIA’s ruling on a motion to reconsider for abuse of discretion. Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002).

*62 A motion to reconsider a decision must be filed with the BIA within 30 days after the mailing of the BIA’s decision. See 8 C.F.R. § 1003.2 (b)(2). Because petitioner’s May 19, 2008 motion to reconsider the BIA’s August 6, 2007 decision was filed beyond the 30-day deadline, the BIA did not abuse its discretion in denying the untimely motion to reconsider.

An alien who is subject to a final order of removal is limited to filing one motion to reopen…

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