U.S. Court of Appeals for the Ninth Circuit, 2007

Ortega v. Gonzales

Ortega v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided June 12, 2007 · Leavy, Nelson, Rymer
244 F. App'x 87

Ortega v. Gonzales

Opinion of the Court

MEMORANDUM **

We have reviewed petitioners’ response to the court’s March 19, 2007 order. We conclude that summary disposition is appropriate 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). 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 Board of Immigration Appeals did not abuse its discretion in denying petitioners’ second motion to reopen, filed more than two years after the final administrative decision was rendered. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). Accordingly, this petition for review is denied.

All other pending motions are denied as moot. The temporary stay of removal shall continue in effect until issuance of the mandate.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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