Bahena-Martinez

Bahena-Martinez v. Gonzales

Good Law
235 F. App'x 496
United States Court of Appeals for the Ninth CircuitJuly 27, 2007No. 06-74988California240 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) denial of a motion to reopen.

A review of the record indicates that the BIA’s decision applies only to petitioner Wenceslao Bahena-Martinez, A95-450307. Maria Guadalupe Leonides, A95450-308, was therefore not properly' included on this petition for review. The Clerk shall amend the caption to remove Maria Guadalupe Leonides.

Respondent’s opposed 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). The regulations provide that “a party may file only one motion to reopen,” and that the motion “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened.” See 8 C.F.R. § 1003.2 (c)(2). The BIA did not abuse its discretion in denying petitioner’s motion to reopen, filed more than eight months after the final administrative decision was rendered. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003).…

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