Hernandez-Rodriguez

Hernandez-Rodriguez v. Mukasey

Good Law
274 F. App'x 607
United States Court of Appeals for the Ninth CircuitApril 23, 2008No. 07-74791California309 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) *608 denial of a motion for administrative closure.

Respondent’s unopposed 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). The BIA did not abuse its discretion in determining that administrative closure was not appropriate because a final order of removal had been entered against petitioners. See Matter of Lopez-Barrios, 20 I. & N. Dec. 203 (BIA 1990).

The BIA also construed petitioners’ motion as a motion to reopen. The regulations provide that “a party may file only one motion to reopen,” and that the motion “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened.” 8 C.F.R. § 1003.2 (c)(2). The BIA did not abuse its discretion in denying petitioners’ second motion to reopen, filed more than two years after the final administrative decision was rendered. See Itunibarria v. INS, 321 F.3d 889, 894…

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