Ocampo

Ocampo v. Mukasey

Good Law
267 F. App'x 550
United States Court of Appeals for the Ninth CircuitFebruary 15, 2008No. 07-73171California289 words

Opinion

lead Opinion

MEMORANDUM **

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

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

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 *551 reopen must be filed with the BIA within ninety days after the mailing of the BIA’s decision. 8 C.F.R. § 1003.2 (c)(2). Here, the motion was filed 761 days after mailing of the BIA’s February 2, 2005 decision. Therefore, the BIA did not abuse its discretion when it denied petitioners’ untimely motion to reconsider. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir. 2004), amended by 404 F.3d 1105 (9th Cir.2005) (holding that BIA denials of motions to reopen or reconsider are reviewed for abuse of discretion). Accordingly, this petition for review is denied in part.

To the extent that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.