Lopez-Acosta

Lopez-Acosta v. Mukasey

Good Law
275 F. App'x 608
United States Court of Appeals for the Ninth CircuitApril 23, 2008No. 07-74648California311 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) November 6, 2007 order denying petitioners’ “motion for administrative closure.” In that motion, petitioners had requested closure of proceedings based on the possibility that they might become eligible for amnesty or other relief should Congress pass new immigration legislation.

The BIA denied petitioners’ motion on the grounds that a final administrative order had already been issued, so there were no pending proceedings to close. The BIA also noted that petitioners had filed two previous motions to reopen and had identified no current law which might afford petitioners the relief they seek.

We have reviewed respondent’s motion to dismiss or, in the alternative, for summary disposition, petitioners’ opposition thereto, and the record.

To the extent that petitioners sought administrative closure of already closed proceedings, this court lacks jurisdiction over this petition for review because it is not a timely filed petition from a final order of removal. See 8 U.S.C. § 1252 (b)(1).

To the extent that petitioners sought reopening so that their proceedings could then be administratively…

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