Pelcaru

Pelcaru v. Mukasey

Good Law
260 F. App'x 958
United States Court of Appeals for the Ninth CircuitDecember 21, 2007No. 07-70971California260 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s “Request for Sua Sponte Reconsideration.”

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). Specifically, the regulations provide that an alien may only file one motion to reopen and one motion to reconsider. 8 C.F.R. § 1003.2 (b)(2), (c)(2). Here, a review of the record indicates that this was the third such motion filed by petitioner. Thus, the BIA did not abuse its discretion when it denied petitioner’s motion as numerically barred. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005) (holding that BIA denials of motions to reopen or reconsider are reviewed for abuse of discretion). Accordingly, this petition for review is denied in part.

Furthermore, to the extent that petitioner seeks review of the Agency’s denial of petitioner’s request for sua sponte reconsideration, this court lacks jurisdiction…

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