Luna

Luna v. Mukasey

Good Law
263 F. App'x 575
United States Court of Appeals for the Ninth CircuitJanuary 10, 2008No. 07-73006California351 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) *576 July 6, 2007 decision denying petitioners’ motion to reconsider and reopen.

We have reviewed the record and respondent’s motion for summary disposition in part and to dismiss in part. We conclude that summary disposition is appropriate with respect to the BIA’s denial of petitioners’ motion to reconsider 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). The regulations provide that a motion to reconsider “shall state the reasons for the motion by specifying the errors of fact or law in the prior Board decision and shall be supported by pertinent authority.” 8 C.F.R. § 1003.2 (b)(1). The BIA did not abuse its discretion in denying petitioners’ motion to reconsider where petitioners failed to identify any errors of fact or law in the BIA’s February 26, 2007 decision affirming the denial of cancellation of removal. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004) (BIA’s denial of a motion to reconsider is reviewed for…

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