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Uriostegui v. Gonzales

United States Court of Appeals, Ninth Circuit
Mar 16, 2007
224 F. App'x 680 (9th Cir. 2007)

Opinion

No. 06-75071.

Submitted on March 12, 2007.

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

Filed March 16, 2007.

Magdalena Diaz Uriostegui, Santa Ana, CA, pro se.

Victor Manuel Barrios Diaz, Santa Ana, CA, pro se.

Gabriela Barrios Diaz, Santa Ana, CA, pro se.

District Director, 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, Carol Federighi, 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. A79-529-509 to A79-529-511.

Before: CANBY, TROTT and FISHER, Circuit Judges.



MEMORANDUM

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


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

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 did not abuse its discretion when it denied petitioners' most recent motion to reconsider as numerically barred. See 8 U.S.C. § 1229a(c)(6)(A); 8 C.F.R. § 1003.2(b)(2); Lara-Torres v. Ashcroft 383 F.3d 968, 972 (9th Cir. 2004) (holding that Agency decisions to deny motions to reconsider are 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 shall continue in effect until issuance of the mandate.

PETITION FOR REVIEW DENIED.


Summaries of

Uriostegui v. Gonzales

United States Court of Appeals, Ninth Circuit
Mar 16, 2007
224 F. App'x 680 (9th Cir. 2007)
Case details for

Uriostegui v. Gonzales

Case Details

Full title:Magdalena Diaz URIOSTEGUI; et al., Petitioners, v. Alberto R. GONZALES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 16, 2007

Citations

224 F. App'x 680 (9th Cir. 2007)