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Garcia-Montano v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
289 F. App'x 255 (9th Cir. 2008)

Opinion

No. 08-71013.

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 18, 2008.

Enrique Garcia-Montano, Los Angeles, CA, pro se.

OIL, U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, CAC-District Counsel, 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. A96-049-374.

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.


This is a petition for review of the Board of Immigration Appeals' ("BIA") order denying petitioner's request for administrative closure.

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). First, administrative closure is not available after entry of a final order of removal. Second, to the extent that petitioner's motion could be construed as a motion to reopen removal proceedings, the BIA did not abuse its discretion in concluding that petitioner's third motion to reopen was untimely and number-barred. See 8 C.F.R. § 1003.2(c)(2); Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008).

All other pending motions are denied as moot. The temporary stay of removal shall continue in effect until issuance of the mandate. 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).

PETITION FOR REVIEW DENIED.


Summaries of

Garcia-Montano v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
289 F. App'x 255 (9th Cir. 2008)
Case details for

Garcia-Montano v. Mukasey

Case Details

Full title:Enrique GARCIA-MONTANO, Petitioner, v. Michael B. MUKASEY, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 18, 2008

Citations

289 F. App'x 255 (9th Cir. 2008)