Benigno Sandoval-Madrigal v. Jefferson Sessions

695 F. App'x 283

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 15, 2017
• Docket: 13-74107
• Status: Unpublished

Opinion

MEMORANDUM **

Benigno Sandoval-Madrigal, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal, which was treated as a motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Sandoval-Madrigal’s motion to reconsider the agency’s denial of adjustment of status as untimely, where it was filed more than 30 days after the BIA’s 2011 order became final. See 8 U.S.C. § 1229a(c)(6)(B) (motion to reconsider must be filed within 30 days of entry of a final order of removal); 8 U.S.C. § 1101(a)(47)(B)(i) (an order of removal becomes final when the BIA affirms the order); Pinto v. Holder, 648 F.3d 976, 986 (9th Cir. 2011) (a BIA order denying relief from removal, but remanding solely for voluntary departure proceedings is a final order of removal).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.