Rivera

Rivera v. Mukasey

Good Law
263 F. App'x 567
United States Court of Appeals for the Ninth CircuitJanuary 10, 2008No. 07-71832California397 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motions to reopen and *568 reconsider the BIA’s September 6, 2005 decision.

Respondent’s motion to dismiss is also construed as a motion for summary disposition in part. So construed, the motion is granted.

The regulations provide that a motion to reopen must be filed with the BIA within ninety days after the mailing of the BIA’s decision. See 8 C.F.R. § 1003.2 (c)(2). Here, petitioners’ motion to reopen was filed almost a year and a half after the mailing of the BIA’s decision.

The regulations provide that a motion to reconsider must be filed with the BIA within thirty days after the mailing of the BIA decision and that a party may file only one motion to reconsider any given decision. See 8 C.F.R. § 1003.2 (b)(2). Here, petitioners’ motion to reconsider was filed almost a year and a half after the mailing of the BIA’s decision and it was petitioners’ second motion to reconsider filed with the BIA.

Therefore, the BIA did not abuse its discretion when it denied petitioners’ motions to reopen and reconsider. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th…

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