Resendiz-Dominguez

Resendiz-Dominguez v. Mukasey

Good Law
260 F. App'x 964
United States Court of Appeals for the Ninth CircuitDecember 21, 2007No. 07-73554California292 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) denial of a second motion to reopen of a previous denial of an application for cancellation of removal. We review this decision for an abuse of discretion. See Ray v. Gonzales, 439 F.3d 582 (9th Cir.2006) (cit *965 ing Singh v. Ashcroft, 367 F.3d 1182, 1185 (9th Cir.2004)).

We conclude that the BIA did not abuse its discretion in denying the motion to reopen because the motion is barred by the numerical limitations governing motions to reopen. See 8 C.F.R. § 1003.2 (c)(2); Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004). Furthermore, petitioner’s motion to reopen has not alleged that her motion is subject to any of the exceptions to the numerical limitations set forth at 8 C.F.R. § 1003.2 (c)(3). Accordingly, respondent’s motion for summary disposition is granted in part 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).

To the extent petitioner challenges the BIA’s refusal to sua sponte reopen her removal proceedings, this court…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.