Chimal

Chimal v. Gonzales

Good Law
239 F. App'x 378
United States Court of Appeals for the Ninth CircuitAugust 24, 2007No. 07-70705California345 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 the BIA’s August 18, 2007 order, and motion to reopen proceedings. Respondent has filed a motion for summary disposition in part and a motion to dismiss in part.

We have reviewed the petition for review and motion for stay of removal, and we conclude that summary disposition in part is appropriate 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 motion to reconsider a decision must be filed with the Board within 30 days after the mailing of the Board decision.” See 8 C.F.R. § 1003.2 (b)(2). The *379 BIA did not abuse its discretion in denying petitioner’s motion to reconsider filed on October 18, 2006, more than 30 days after the BIA’s August 18, 2006 decision. Accordingly, respondent’s unopposed motion for summary disposition in part is granted.

Further, to the extent petitioner is seeking review of the BIA’s denial of the motion to reopen, we conclude…

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