Onofre

Onofre v. Mukasey

Good Law
278 F. App'x 765
United States Court of Appeals for the Ninth CircuitMay 15, 2008No. 07-73085California411 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an Immigration Judge’s order denying petitioner Elizabeth Venancio Onofre’s oral motions for a continuance, for administrative closure and to reopen the BIA’s prior hardship determination in her removal proceedings.

The BIA’s denial of motions to reopen and for a continuance are reviewed for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002); Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988). The denial of a motion for administrative closure is reviewed de novo. See, e.g., Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005) (questions of law reviewed de novo).

A review of the administrative record, the opposition to the motion for summary *766 disposition and the opening brief demonstrate that the BIA did not abuse its discretion in affirming the Immigration Judge’s denial of petitioner’s oral request to reopen the BIA’s prior hardship determination where the BIA remanded solely for consideration of petitioner’s application for voluntary departure. The administrative record, the opposition to the motion for summary disposition and the…

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