Velazquez v. Mukasey

Ninth Circuit

Velazquez v. Mukasey

289 F. App'x 244

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 18, 2008

DocketNo. 08-71046

StatusPublished

This text of 289 F. App'x 244 (Velazquez v. Mukasey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Velazquez v. Mukasey, 289 F. App'x 244 (9th Cir. 2008).

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Opinion

MEMORANDUM

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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.

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

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