Garcia

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) November 21, 2007 order denying petitioners’ second motion to reopen the BIA’s prior decision dated October 15, 2004.

Respondent’s unopposed motion to dismiss is construed as one for summary disposition in part, and, so construed, 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 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 more than 32 months after mailing of the BIA’s October 15, 2004 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…