Morales

Morales v. Mukasey

Good Law
270 F. App'x 624
United States Court of Appeals for the Ninth CircuitMarch 18, 2008No. 07-73945California338 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) September 13, 2007 decision denying petitioner’s motion, properly construed as both a motion to reopen and a motion to reconsider.

We have reviewed the record and respondent’s unopposed motion for summary disposition. We conclude that summary disposition is appropriate 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).

The regulations provide that a party may file a motion to reconsider any given decision within 30 days after the mailing of the Board decision. See 8 C.F.R. § 1003.2 (b)(2). The BIA did not abuse its discretion in denying petitioner’s motion, filed 58 days after the BIA’s decision, as late. In addition, the BIA was correct in *625 concluding that the motion to reconsider failed to identify any error in fact or law not already considered by the agency. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004) (BIA’s denial of a motion to reconsider is reviewed for abuse of discretion).

Moreover, the BIA did not…

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