From Casetext: Smarter Legal Research

Osorio v. Gonzales

United States Court of Appeals, Ninth Circuit
Jan 18, 2007
218 F. App'x 678 (9th Cir. 2007)

Opinion

No. 06-74152.

Submitted January 16, 2007.

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

Filed January 18, 2007.

Juan Clavel Osorio, Garden Grove, CA, pro se.

Yeni Lorena Clavel Rodriguez, Garden Grove, CA, pro se.

Juan Clavel Rodriguez, Garden Grove, CA, pro se.

CAC-District Counsel, Esq., 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, Karen Stewart, 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. A96-054-860, A96-054-861, A96-054-862.

Before: SILVERMAN, PAEZ and BYBEE, Circuit Judges.



MEMORANDUM

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


This is a petition for review from the denial of petitioners' motion to reconsider a Board of Immigration Appeals' ("BIA") order of removal.

The BIA did not abuse its discretion in denying petitioners' third motion to reconsider as numerically barred. See 8 C.F.R. § 1003.2(b)(2); Lara-Torres v. Ashcroft 383 F.3d 968, 972 (9th Cir. 2004) (BIA's denial of a motion to reconsider is reviewed for abuse of discretion).

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).

Petitioners' motion for a stay of voluntary departure is denied. See Garcia v. Ashcroft, 368 F.3d 1157, 1159 (9th Cir. 2004) (holding that this court lacks authority to grant a stay of voluntary departure if the stay motion is filed after the voluntary departure period expired).

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

Osorio v. Gonzales

United States Court of Appeals, Ninth Circuit
Jan 18, 2007
218 F. App'x 678 (9th Cir. 2007)
Case details for

Osorio v. Gonzales

Case Details

Full title:Juan Clavel OSORIO; Yeni Lorena Clavel Rodriguez; Juan Clavel Rodriguez…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 18, 2007

Citations

218 F. App'x 678 (9th Cir. 2007)