Buenrostro

Buenrostro v. Mukasey

Good Law
258 F. App'x 935
United States Court of Appeals for the Ninth CircuitDecember 10, 2007Nos. 05-74325, 05-76149California332 words

Opinion

Lead Opinion

MEMORANDUM ***

Carlos Alberto Marquez Buenrostro, his wife and daughter, all natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their first motion to reopen deportation proceedings (No. 05-74325) and the BIA’s order denying their second motion to reopen deportation proceedings (No. 05-76149). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny in part and dismiss in part the petition for review in No. OS-74325, and we deny the petition for review in No. 05-76149.

The BIA did not abuse its discretion in denying Petitioners’ first motion to reopen as untimely because it was filed more than two years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2) (motion to reopen must be filed within ninety days of final administrative decision), and the BIA clarified its earlier ruling in accor *936 dance with Lanza v. Ashcroft, 389 F.3d 917 (9th Cir.2004), in any event.

We lack jurisdiction to consider Petitioners’ challenge to the BIA’s underlying order dismissing their direct appeal from the…

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