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Aguirre v. Gonzales

United States Court of Appeals, Ninth Circuit
Feb 26, 2007
225 F. App'x 441 (9th Cir. 2007)

Opinion

No. 06-74883.

Submitted February 20, 2007.

This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed February 26, 2007.

Daniel Figueroa Aguirre, Anaheim, CA, pro se.

Maria Ignacia Lopez Solis, Anaheim, CA, pro se.

Daniela Figueroa Lopez, Anaheim, CA, pro se.

Dustin Figueroa Lopez, Anaheim, CA, pro se.

CAC-District, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Richard M. Evans, Esq., David E. Dauenheimer, Esq., DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit. Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A95-306-072 to A95-306-075.

Before: GOODWIN, TASHIMA and THOMAS, Circuit Judges.



MEMORANDUM

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


Respondent's 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). The Board of Immigration Appeals (BIA) did not abuse its discretion in denying petitioners' second motion to reopen, which was filed almost two years late. See 8 C.F.R. § 1003.2 (party may file only one motion to reopen removal proceedings, and that motion must be filed not later than ninety days after the date on which the final order of removal was entered); Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir. 2002) (BIA's denial of a motion to reopen is reviewed for abuse of discretion). Accordingly, this petition for review is denied.

The motion for stay of voluntary departure, filed after the departure period had expired, is denied. See Garcia v. Ashcroft, 368 F.3d 1157 (9th Cir. 2004).

All other pending motions are denied as moot. The temporary stay of removal confirmed by Ninth Circuit General Order 6.4(c) shall continue in effect until issuance of the mandate.

PETITION FOR REVIEW DENIED.


Summaries of

Aguirre v. Gonzales

United States Court of Appeals, Ninth Circuit
Feb 26, 2007
225 F. App'x 441 (9th Cir. 2007)
Case details for

Aguirre v. Gonzales

Case Details

Full title:Daniel Figueroa AGUIRRE; et al., Petitioners, v. Alberto R. GONZALES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 26, 2007

Citations

225 F. App'x 441 (9th Cir. 2007)