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No. 8654724
United States Court of Appeals for the Ninth Circuit
Alvares v. Mukasey
No. 8654724 · Decided March 25, 2008
No. 8654724·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 25, 2008
Citation
No. 8654724
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jorge Erasmo Alvares and Josefina Al-vares, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review. We lack jurisdiction to consider petitioners’ contention that the agency erred in finding that Jorge Alvares failed to establish good moral character, because petitioners did not file a petition for review within 80 days of the BIA’s March 30, 2004 decision. See 8 U.S.C. § 1252 (b)(1); see also Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996). Petitioners have waived any challenge to the BIA’s June 14, 2004, order by failing to address the order in their petition. See id. at 1259-60 . PETITION FOR REVIEW DISMISSED in part; DENIED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Jorge Erasmo Alvares and Josefina Al-vares, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** Jorge Erasmo Alvares and Josefina Al-vares, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings.
02We dismiss in part and deny in part the petition for review.
03We lack jurisdiction to consider petitioners’ contention that the agency erred in finding that Jorge Alvares failed to establish good moral character, because petitioners did not file a petition for review within 80 days of the BIA’s March
04Petitioners have waived any challenge to the BIA’s June 14, 2004, order by failing to address the order in their petition.
Frequently Asked Questions
MEMORANDUM ** Jorge Erasmo Alvares and Josefina Al-vares, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Alvares v. Mukasey in the current circuit citation data.
This case was decided on March 25, 2008.
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