Perez

Perez v. Mukasey

Good Law
260 F. App'x 969
United States Court of Appeals for the Ninth CircuitDecember 21, 2007No. 07-73262California284 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ fourth motion to reconsider.

The regulations provide that motions to reconsider shall be limited to one motion in any case previously the subject of a final decision by the BIA. See 8 C.F.R. § 1003.2 (b)(2). As petitioners’ motion to reconsider was their fourth, the BIA did not abuse its discretion in denying the motion for exceeding numerical limitations. See Lara-Torres v. Ashcroft, 383 F.3d 968 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005).

Petitioner’s constitutional challenges have no merit. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1108 (9th Cir. 2003) (holding Congress did not violate the Equal Protection Clause when it repealed suspension of deportation and replaced it with cancellation of removal); Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (holding no due process violation lies where the record does not reflect that the proceedings were “so fundamentally unfair that [petitioners were] prevented from reasonably presenting [their] case.”).

Because the questions raised in this appeal are so insubstantial as not to require further…

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