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No. 8691156
United States Court of Appeals for the Ninth Circuit
De Los Angeles Vilches v. Mukasey
No. 8691156 · Decided November 4, 2008
No. 8691156·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 4, 2008
Citation
No. 8691156
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Maria de los Angeles Vilches, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Morales Apolinar v. Mukasey, 514 F.3d 893, 895 (9th Cir.2008), we deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion in denying Petitioner’s motion to reconsider as untimely because the motion was filed nearly two months after the BIA’s final order of removal. See 8 C.F.R. § 1003.2 (b)(2) (motion to reconsider must be filed within 30 days of BIA’s decision). To the extent Petitioner seeks review of the BIA’s January 30, 2006 order dismissing her appeal, we lack jurisdiction because the petition for review is not timely as to that order. See 8 U.S.C. § 1252 (b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003). PETITION FOR REVIEW DENIED in part; DISMISSED 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 ** Maria de los Angeles Vilches, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider.
Key Points
01MEMORANDUM ** Maria de los Angeles Vilches, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider.
02Mukasey, 514 F.3d 893, 895 (9th Cir.2008), we deny in part and dismiss in part the petition for review.
03The BIA did not abuse its discretion in denying Petitioner’s motion to reconsider as untimely because the motion was filed nearly two months after the BIA’s final order of removal.
04§ 1003.2 (b)(2) (motion to reconsider must be filed within 30 days of BIA’s decision).
Frequently Asked Questions
MEMORANDUM ** Maria de los Angeles Vilches, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider.
FlawCheck shows no negative treatment for De Los Angeles Vilches v. Mukasey in the current circuit citation data.
This case was decided on November 4, 2008.
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