Moreno

Moreno v. Mukasey

Good Law
285 F. App'x 507
United States Court of Appeals for the Ninth CircuitJuly 23, 2008No. 08-70618California319 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reopen removal proceedings to apply for cancellation of removal and relief under the Convention Against Torture.

We review the BIA’s denial of a motion to reopen for abuse of discretion. See Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002).

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). The BIA did not abuse its discretion in denying petitioner’s motion to reopen because it was filed on October 22, 2007, more than 90 days after the May 2, 2006 final administrative decision was rendered. The BIA did not abuse its discretion in denying the motion to reopen to apply for relief under the Convention Against Torture because petitioners failed to meet the exception to *508 the 90-day time limit based on changed circumstances in Mexico. See id.; see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004).

Accordingly,…

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