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Velazquez v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
289 F. App'x 244 (9th Cir. 2008)

Opinion

No. 08-71046.

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.

Victor Manuel Velazquez, Santa Ana, CA, pro se.

Zulma Velazquez, Santa Ana, CA, pro se.

Victor Alejandro Velazquez-Orozco, Santa Ana, CA, pro se.

Diana Daniela Velazquez-Orozco, Santa Ana, CA, pro se.

Carlos Eduardo Orozco, Santa Ana, CA, pro se.

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, OIL, 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. A95-179-372 to A95-179-376.

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 petitioners' second motion to reopen.

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

The regulations provide that, with certain exceptions not relevant to this petition, "a party may file only one motion to reopen." See 8 U.S.C. § 1229a(c)(7)(A); 8 C.F.R. § 1003.2(c)(2), (c)(3). The BIA did not abuse its discretion in denying petitioners' second motion to reopen as numerically barred. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003).

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).

All other pending motions are denied as moot.

PETITION FOR REVIEW DENIED.


Summaries of

Velazquez v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
289 F. App'x 244 (9th Cir. 2008)
Case details for

Velazquez v. Mukasey

Case Details

Full title:Victor Manuel VELAZQUEZ; et al., Petitioners, v. Michael B. MUKASEY…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 18, 2008

Citations

289 F. App'x 244 (9th Cir. 2008)