Garcia-Marin

Garcia-Marin v. Mukasey

Good Law
270 F. App'x 551
United States Court of Appeals for the Ninth CircuitMarch 17, 2008No. 07-73831California357 words

Opinion

lead Opinion

MEMORANDUM **

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

We review the BIA’s denial of a motion to reopen 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 no later than ninety days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened. 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 petitioners’ motion to reopen as untimely. Petitioners’ final administrative order of removal was entered on January 12, 2006. Petitioners’ motion to reopen was filed on March 9, 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).

The regulations also state that a party may file only one motion to reopen removal proceedings. 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 petitioners’ motion to reopen for exceeding the…

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