Flores-Jimenez

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) November 6, 2007 order denying petitioners’ “motion for administrative closure.” In that motion, petitioners had requested closure of proceedings based on the possibility that they might become eligible for amnesty or other relief should Congress pass new immigration legislation.

We have reviewed the record and respondent’s . unopposed motion to dismiss or, in the alternative, for summary disposition.

To the extent that petitioners sought administrative closure of already closed proceedings, this court lacks jurisdiction over this petition for review because it is not a timely filed petition from a final order of removal. See 8 U.S.C. § 1252 (b)(1).

To the extent that petitioners sought reopening so that their proceedings could then be administratively closed, we conclude the BIA did not err in denying the motion based on the speculative nature of the relief sought. The BIA also correctly noted that petitioners had filed two previous motions to reopen and it did not abuse its discretion in denying the motion to reopen as numerically barred. See Iturri-barria v. INS, 321 F.3d 889, 894 (9th…

dissenting:

I dissent. This is but one of a multitude of similar sad cases by which our government’s deportation of undocumented parents results in the deportation of their American-born citizen children, and effectively denies those children their birthrights. See Cerrillo-Perez v. INS, 809 F.2d 1419, 1426-27 (9th Cir.1987) (Requiring the government to conduct individualized analyses of hardships to U.S. citizen children). Our government’s conduct forces U.S. citizen children to accept de facto expulsion from their native land or *993 give up their constitutionally protected right to remain with their parents. See, e.g., Moore v. City of E. Cleveland, 431 U.S. 494, 503-05 , 97 S.Ct. 1932 , 52 L.Ed.2d 531 (1977) (plurality opinion) (“Our decisions establish that the Constitution protects the sanctity of the family precisely because the institution of the family is deeply rooted in this Nation’s history and tradition.”); Stanley v. Illinois, 405 U.S. 645, 651 , 92 S.Ct. 1208 , 31 L.Ed.2d 551 (1972) (recognizing that “[t]he integrity of the family unit has found protection in the Due Process Clause of the Fourteenth Amendment”).

To make matters worse, our Byzantine immigration…