Murillo

Murillo v. Gonzales

Good Law
246 F. App'x 455
United States Court of Appeals for the Ninth CircuitAugust 24, 2007No. 07-71006California297 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motions to reconsider and reopen proceedings as untimely. Respondent’s 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).

We conclude that this petition for review is appropriate for summary disposition because 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 Board of Immigration Appeals (“BIA”) did not abuse its discretion in denying petitioners’ motion to reconsider filed on October 23, 2006, more than 30 days after the BIA’s December 30, 2004.

Further, the BIA did not abuse its discretion in denying petitioners’ motion to reopen because petitioners’ motion violated the time limitation on motions to reopen. See 8 C.F.R. § 1003.2 (c)(2). A motion to reopen must be filed within 90 days after the date on which a final administrative…

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