Henry

Henry v. Mukasey

Good Law
267 F. App'x 503
United States Court of Appeals for the Ninth CircuitJanuary 10, 2008No. 07-73781California303 words

Opinion

lead Opinion

MEMORANDUM **

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

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying an untimely motion to reopen.

*504 The BIA’s denial of a motion to reopen is reviewed for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The regulations state that a motion to reopen removal proceedings must be filed not later than ninety days after the date on which the final order of removal was entered. See 8 C.F.R. § 1003.2 (c)(2).

A review of the administrative record demonstrates that the BIA did not abuse its discretion in denying petitioner’s motion to reopen as untimely. Petitioner’s final order of removal was entered on April 7, 2006. Petitioner’s motion to reopen was filed on July 23, 2007, more than ninety days after the date on which the final order of removal was entered. See 8 C.F.R. § 1003.2 (c)(2). Accordingly, respondent’s 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,…

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