Ortega v. Gonzales

246 F. App'x 409

Opinion

MEMORANDUM

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This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reopen.

Petitioners’ motion to hold this petition for review in abeyance is denied.

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). A party may file only one motion to reopen removal proceedings, and that motion must be filed not later than ninety days after the date on which the final order of removal was entered. See 8 C.F.R. § 1003.2(c)(2). The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely when it was filed over three years after the deadline for filing motions to reopen.

This court lacks jurisdiction to consider petitioners’ argument that the BIA should have reopened proceedings sua sponte. See Ekimian v. INS, 303 F.3d 1153 (9th Cir.2002).

PETITION FOR REVIEW DENIED.

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