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Perez v. Gonzales

United States Court of Appeals, Ninth Circuit
Jan 18, 2007
No. 06-74114. Agency Nos. A97-347-062, A97-347-063 (9th Cir. Jan. 18, 2007)

Opinion

No. 06-74114. Agency Nos. A97-347-062, A97-347-063.

Submitted January 16, 2007.

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

January 18, 2007.

On Petition for Review of an Order of the Board of Immigration Appeals.

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 the motion to reconsider as untimely as to petitioner Angelica Maria Vazquez Perez (A# 97-347-063). The motion was filed on June 22, 2006, well over 30 days after entry of the final order of removal of November 15, 2005. 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).

The BIA did not abuse its discretion in denying the motion to reconsider as numerically barred as to petitioner Gerardo Jimenez Silva (A# 97-347-062), because petitioner previously filed a motion to reconsider, and thus petitioner's second motion to reconsider was barred by the numerical limitations in the regulations. See 8 C.F.R. § 1003.2(b)(2).

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

Perez v. Gonzales

United States Court of Appeals, Ninth Circuit
Jan 18, 2007
No. 06-74114. Agency Nos. A97-347-062, A97-347-063 (9th Cir. Jan. 18, 2007)
Case details for

Perez v. Gonzales

Case Details

Full title:GERARDO JIMENEZ SILVA; ANGELICA MARIA VAZQUEZ PEREZ, Petitioners, v…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 18, 2007

Citations

No. 06-74114. Agency Nos. A97-347-062, A97-347-063 (9th Cir. Jan. 18, 2007)