Hernandez Rodriguez v. Gonzales
Hernandez Rodriguez v. Gonzales
Opinion of the Court
MEMORANDUM
Gerardo Hernandez Rodriguez and Fabiola Rubio Hernandez, husband and wife, and their daughter, Edna Fabiola Hernandez Rubio, all natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely, 8 C.F.R. § 1003.2(c)(2) (motion
Petitioners’ reliance on Khourassany v. INS, 208 F.3d 1096, 1099 & n. 2 (9th Cir. 2000), is misplaced. In that case, the time and number limits for motions to reopen did not apply because petitioners had been ordered deported before March 22, 1999. See 8 C.F.R. § 1208.18(b)(2).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.