Bonilla

Bonilla v. Holder

Good Law
317 F. App'x 710
United States Court of Appeals for the Ninth CircuitMarch 9, 2009No. 08-73737California453 words

Opinion

Lead Opinion

MEMORANDUM **

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

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

The regulations state that a party may file only one motion to reopen. See 8 U.S.C. § 1229a(c)(7)(A); 8 C.F.R. § 1003.2 (c)(2). A review of the administrative record demonstrates that the BIA did not abuse its discretion in denying petitioner’s second motion to reopen for being barred by numerical limitations.

Petitioner’s final administrative order of removal was entered on June 8, 2005. On July 13, 2005, the petitioner filed a motion to reconsider and reopen proceedings based on unspecified new evidence. The BIA construed the motion as a motion to reconsider and denied it as untimely on September 22, 2005. On December 12, 2005, the petitioner filed a second motion to reopen and reconsider based on unspecified new evidence. The BIA construed the motion as a second motion to reconsider and…

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