Alvaro Chavez-Acevedo v. Michael Mukasey
Opinion
MEMORANDUM **
Alvaro Chavez-Acevedo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribar-ria 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 Chavez-Acevedo’s second motion to reopen as untimely because it was filed more than 90 days after the BIA’s final order of removal and Chavez-Acevedo failed to demonstrate that he qualified for any exceptions to the 90-day time limit. See 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of final administrative order of removal); 8 C.F.R. § 1003.2(c)(3) (listing exceptions to the time limitation).
Chavez-Acevedo’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Alvaro CHAVEZ-ACEVEDO, Petitioner, v. Eric H. HOLDER, Attorney General, Respondent
- Status
- Unpublished