Millan

Millan v. Gonzales

Good Law
227 F. App'x 635
United States Court of Appeals for the Ninth CircuitApril 9, 2007No. 06-75414California216 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the denial of petitioner’s third motion to reconsider a *636 Board of Immigration Appeals’ (“BIA”) final order of removal.

The BIA did not abuse its discretion in denying petitioner’s third motion to reconsider because the motion was numerically barred. See 8 C.F.R. § 1003.2 (b)(2); Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004) (BIA’s denial of a motion to reconsider is reviewed for abuse of discretion).

Accordingly, respondent’s unopposed 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 curiam) (stating standard).

Petitioner’s motion for a stay of voluntary departure is denied. See Garcia v. Ashcroft, 368 F.3d 1157, 1159 (9th Cir. 2004) (holding that this court lacks authority to grant a stay of voluntary departure if the stay motion is filed after the voluntary departure period expired).

All other pending motions are denied as moot. The temporary stay of removal confirmed by Ninth Circuit General Order 6.4(c) shall continue in effect until…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.