Alquicira

Alquicira v. Mukasey

Good Law
283 F. App'x 464
United States Court of Appeals for the Ninth CircuitJune 19, 2008No. 08-70440California273 words

Opinion

Lead Opinion

*465 MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) denial of a motion to reopen.

We review the BIA’s ruling on a motion to reopen for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

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.” See 8 C.F.R. § 1003.2 (c)(2). Because petitioners’ motion to reopen was filed beyond the 90-day deadline, and petitioners have not contended that any exceptions to this time limit apply, the BIA did not abuse its discretion in denying petitioners’ untimely motion to reopen. Accordingly, respondent’s motion for summary disposition in part 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).

This court lacks jurisdiction to review the BIA’s refusal to reopen sua sponte. See Abassi v. INS, 305 F.3d 1028 (9th Cir.2002); Ekimian…

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