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No. 8641567
United States Court of Appeals for the Ninth Circuit
Calderon v. Gonzales
No. 8641567 · Decided June 12, 2007
No. 8641567·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 12, 2007
Citation
No. 8641567
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reconsider. The regulations provide that, absent certain exceptional circumstances that do not apply here, a motion to reconsider a decision “must be filed with the Board within 30 days after the mailing of the Board decision.... ” See 8 C.F.R. § 1003.2 (b)(2). The BIA did not abuse its discretion in finding that it could not excuse petitioner’s untimeliness and in denying petitioner’s untimely motion to reconsider. See id. Accordingly, the court sua sponte denies this petition for review because the questions raised by this petition 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). 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 ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reconsider.
Key Points
01MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reconsider.
02The regulations provide that, absent certain exceptional circumstances that do not apply here, a motion to reconsider a decision “must be filed with the Board within 30 days after the mailing of the Board decision....
03The BIA did not abuse its discretion in finding that it could not excuse petitioner’s untimeliness and in denying petitioner’s untimely motion to reconsider.
04Accordingly, the court sua sponte denies this petition for review because the questions raised by this petition are so insubstantial as not to require further argument.
Frequently Asked Questions
MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reconsider.
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This case was decided on June 12, 2007.
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