Check how courts have cited this case. Use our free citator for the most current treatment.
No. 8687977
United States Court of Appeals for the Ninth Circuit
Alcaraz v. Mukasey
No. 8687977 · Decided July 11, 2008
No. 8687977·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 11, 2008
Citation
No. 8687977
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Roberto Rubio Alcaraz, a native and citizen of Mexico, petitions for review of the *444 Board of Immigration Appeals’ (“BIA”) order denying his untimely motion to reopen. We dismiss the petition for review. We lack jurisdiction to review the BIA’s decision not to exercise its sua sponte authority to reopen proceedings. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002). To the extent Rubio Alcaraz challenges the BIA’s March 11, 2003 order, we lack jurisdiction because this petition is not timely as to that order. See 8 U.S.C. § 1252 (b)(1). We previously reviewed this order in No. 03-71310, Rubio Alcaraz v. Gonzales, 123 Fed.Appx. 330 (9th Cir.2005). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Roberto Rubio Alcaraz, a native and citizen of Mexico, petitions for review of the *444 Board of Immigration Appeals’ (“BIA”) order denying his untimely motion to reopen.
Key Points
01MEMORANDUM ** Roberto Rubio Alcaraz, a native and citizen of Mexico, petitions for review of the *444 Board of Immigration Appeals’ (“BIA”) order denying his untimely motion to reopen.
02We lack jurisdiction to review the BIA’s decision not to exercise its sua sponte authority to reopen proceedings.
03To the extent Rubio Alcaraz challenges the BIA’s March 11, 2003 order, we lack jurisdiction because this petition is not timely as to that order.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Roberto Rubio Alcaraz, a native and citizen of Mexico, petitions for review of the *444 Board of Immigration Appeals’ (“BIA”) order denying his untimely motion to reopen.
FlawCheck shows no negative treatment for Alcaraz v. Mukasey in the current circuit citation data.
This case was decided on July 11, 2008.
Use the citation No. 8687977 and verify it against the official reporter before filing.