Bravo

Bravo v. Mukasey

Good Law
267 F. App'x 523
United States Court of Appeals for the Ninth CircuitFebruary 15, 2008No. 07-72404California334 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) May 23, 2007 order denying petitioner’s motion to reopen and to reconsider the BIA’s prior decision dated March 22,2007.

To the extent petitioner seeks review of the BIA’s denial of his motion to reconsider, 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, 858 (9th Cir.1982) (per curiam) (stating standard). Accordingly, this petition for review is denied in part.

To the extent petitioner seeks review of the BIA’s denial of his motion to reopen to present new evidence, respondent’s motion to dismiss this petition for review for lack of jurisdiction is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir.2006) (concluding that the court lacks jurisdiction to review the Board of Immigration Appeals’ denial of motion to reopen for failure to establish a prima facie case if a prior adverse discretionary decision was made by the agency).

Furthermore, this court lacks jurisdiction to review…

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