Villa

Villa v. Mukasey

Good Law
289 F. App'x 250
United States Court of Appeals for the Ninth CircuitAugust 18, 2008No. 08-72152California233 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) denial of a motion to reconsider and denial of a second motion to reopen the previous denial of an application for asylum, withholding of removal, and protection under the Convention Against Torture. 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 reconsider because petitioner’s motion was untimely. See 8 U.S.C. § 1229a(c)(6)(B); 8 C.F.R. § 1003.2 (b)(2). We further conclude that the BIA did not abuse its discretion in denying the motion to reopen because petitioner’s motion was untimely, as well as number-barred, and the petitioner has not provided sufficient evidence to support an exception to the numerical or time limits for motions to reopen. See 8 U.S.C. §§ 1229a(c)(7)(A) and 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.2 (c)(2).

Accordingly, respondent’s motion for summary denial of this petition is granted because the questions raised by this petition for review are so insubstantial as not to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.