U.S. Court of Appeals for the Ninth Circuit, 2009

Mora v. Mukasey

U.S. Court of Appeals for the Ninth Circuit · Decided January 29, 2009 · Bybee, Scannlain, Silverman

311 F. App'x 46

Counsel

Orlando Salazar Mora, Santa Maria, CA, pro se., Adriana Ramirez Quintana, Santa Maria, CA, pro se., CAC-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Eric Warren Mar-steller, Esquire, Trial, OIL, Carol Federi-ghi, Esquire, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

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

We review the BIA’s ruling on a motion to reopen for abuse of discretion. 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 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)(A), (C)(i); 8 C.F.R. § 1003.2(c)(2). Petitioners’ final orders of removal were entered on October 31, 2006. Because petitioners’ motion to reopen was filed on April 28, 2008, beyond the 90-day *47deadline, and petitioners have not contended that any exceptions to this time limit apply, the BIA did not abuse its discretion in denying their untimely motion to reopen. See id.

Accordingly, respondent’s unopposed motion for summary disposition is granted 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).

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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