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No. 8629152
United States Court of Appeals for the Ninth Circuit
Aguirre v. Gonzales
No. 8629152 · Decided March 1, 2007
No. 8629152·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 1, 2007
Citation
No. 8629152
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Emilio Aguirre, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his “motion for reconsideration” of his application for suspension of deportation. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), we deny the petition for review. The BIA acted within its discretion in construing Aguirre’s motion as a motion to reopen, see id. at 792 (upholding BIA’s decision to construe motion to reconsider as a motion to reopen where motion alleged new facts), and denying the motion as numerically barred, see 8 C.F.R. § 1003.2 (c)(2). Aguirre’s remaining contentions lack merit. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Emilio Aguirre, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his “motion for reconsideration” of his application for suspension of deportation.
Key Points
01MEMORANDUM ** Emilio Aguirre, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his “motion for reconsideration” of his application for suspension of deportation.
02Gonzales, 400 F.3d 785, 791 (9th Cir.2005), we deny the petition for review.
03The BIA acted within its discretion in construing Aguirre’s motion as a motion to reopen, see id.
04at 792 (upholding BIA’s decision to construe motion to reconsider as a motion to reopen where motion alleged new facts), and denying the motion as numerically barred, see 8 C.F.R.
Frequently Asked Questions
MEMORANDUM ** Emilio Aguirre, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his “motion for reconsideration” of his application for suspension of deportation.
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This case was decided on March 1, 2007.
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