Garcia

Garcia v. Mukasey

Good Law
288 F. App'x 355
United States Court of Appeals for the Ninth CircuitJuly 24, 2008No. 07-75086California316 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reconsider and to reopen removal proceedings.

We review the BIA’s ruling on a motion to reopen or reconsider for abuse of dis *356 cretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

An alien who is subject to a final order of removal is limited to filing one motion to reconsider a BIA decision, and that motion must be filed within 30 days after the mailing of the decision. See 8 U.S.C. § 1229a(c)(6); 8 C.F.R. § 1003.2 (b)(2). An alien who is subject to a final order of removal is also limited to filing one motion to reopen removal proceedings, and that motion must be filed within 90 days of the date of entry of a final order of removal. 8 U.S.C. § 1229a(c)(7); 8 C.F.R. § 1003.2 (c)(2).

Petitioners’ final orders of removal were entered on January 5, 2007. Petitioners did not file their motion to reconsider and reopen until October 15, 2007. Because petitioners’ motion was filed almost 8 months after the deadline for a motion to reconsider, and almost six months after the deadline for a motion to reopen, the BIA did not abuse its discretion in…

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