Ontiveros-Gonzalez v. Mukasey
Ontiveros-Gonzalez v. Mukasey
Opinion of the Court
MEMORANDUM
Jose Luis Ontiveros-Gonzalez, a native and citizen of Mexico, petitions for review
The BIA did not abuse its discretion in denying Ontiveros-Gonzalez’s motion to reopen because the motion was filed more than five years after the BIA’s April 19, 2002 order dismissing his appeal, and he presented no evidence or argument that he qualified for an exception to the motions deadline. See 8 C.F.R. § 1003.2(c)(2) (motions to reopen must generally be filed no later than 90 days after the final administrative decision).
Ontiveros-Gonzalez’s contention that the BIA deprived him of due process is unpersuasive.
As the untimeliness of the motion is dispositive, we do not reach OntiverosGonzalez’s contention regarding voluntary departure.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provid
Case-law data current through December 31, 2025. Source: CourtListener bulk data.