Garcia-Alcaraz

Garcia-Alcaraz v. Mukasey

Good Law
266 F. App'x 516
United States Court of Appeals for the Ninth CircuitJanuary 10, 2008No. 07-72971California359 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reopen removal proceedings.

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

Petitioner’s “motion to reinstate,” filed on December 17, 2007, is construed as a response to respondent’s motion for summary affirmance and opposition to the stay motion. If petitioner seeks reinstatement of petition for review No. 06-73567, dismissed on January 4, 2007, petitioner should file an appropriate motion in that petition for review. Petitioner is reminded that petition for review No. 06-73567 was dismissed for failure to pay the filing fee, and any motion to reinstate petition No. 06-73567 should be accompanied by the necessary fee payment.

Respondent’s opposed 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 a motion to reopen must be filed with the BIA within…

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