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Cervantes v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 19, 2008
289 F. App'x 261 (9th Cir. 2008)

Opinion

No. 08-70799.

Submitted August 11, 2008.

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

Filed August 19, 2008.

Florencio Jimenez Cervantes, Anaheim, CA, for Petitioner.

Nicole N. Murley, Esquire, James A. Hunolt, U.S. Department of Justice, Washington, DC, 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, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A96-361-234.

Before: CANBY, LEAVY and KLEINFELD, Circuit Judges.



MEMORANDUM

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


Petitioner's motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

This is a petition for review of the Board of Immigration Appeals' ("BIA") order denying petitioner Florencio Jimenez Cervantes's 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). Because petitioner's motion to reopen was filed beyond the 90-day deadline, and petitioner has not contended that any exceptions to this time limit apply, the BIA did not abuse its discretion in denying petitioner's untimely motion to reopen. See id.

Accordingly, 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).

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.


Summaries of

Cervantes v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 19, 2008
289 F. App'x 261 (9th Cir. 2008)
Case details for

Cervantes v. Mukasey

Case Details

Full title:Florencio Jimenez CERVANTES, Petitioner, v. Michael B. MUKASEY, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 2008

Citations

289 F. App'x 261 (9th Cir. 2008)