Rodriguez-Cabanas

Rodriguez-Cabanas v. Mukasey

Good Law
283 F. App'x 463
United States Court of Appeals for the Ninth CircuitJune 19, 2008No. 08-70756California288 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) *464 denial of a second motion to reopen an earlier order of removal entered in absentia. We review this decision for an abuse of discretion. See Ray v. Gonzales, 439 F.3d 582 (9th Cir.2006) (citing Singh v. Ashcroft, 367 F.3d 1182, 1185 (9th Cir. 2004)). We conclude that the BIA did not abuse its discretion in denying the motion to reopen because petitioner’s motion was untimely, and the petitioner has not provided evidence to support an exception to the time limits on motions to reopen. See 8 U.S.C. § 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.2 (c)(2). Accordingly, this petition for review is summarily denied in part 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).

As to petitioner’s request for sua sponte reopening, this court lacks jurisdiction to review the BIA’s discretionary decision to deny sua sponte reopening of petitioner’s case. See 8 C.F.R. § 3.2 (a); Ekimian v. INS, 303 F.3d 1153 (9th Cir.2002). We therefore grant…

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