Ramirez-Guerrero

Ramirez-Guerrero v. Mukasey

Good Law
274 F. App'x 525
United States Court of Appeals for the Ninth CircuitApril 17, 2008No. 07-74372California315 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order de *526 nying petitioners’ second motion to reopen their removal proceedings.

A review of the record indicates that 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 single motion to reopen may be filed with the BIA within ninety days after the mailing of the BIA’s decision. 8 C.F.R. § 1003.2 (c)(2). This motion, petitioners’ second motion to reopen, was filed over two years after mailing of the BIA’s decision. Therefore, the BIA did not abuse its discretion when it denied petitioners’ second motion to reopen as both time- and number-barred. 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.

Moreover, to the extent that petitioners challenge the BIA’s denial of petitioners’ request to sua sponte…

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