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No. 8688233
United States Court of Appeals for the Ninth Circuit
Guzman-Guzman v. Mukasey
No. 8688233 · Decided August 7, 2008
No. 8688233·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 7, 2008
Citation
No. 8688233
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Martin Guzman-Guzman, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition for review. The BIA correctly determined that Guzman-Guzman is not eligible for a special motion to seek relief under former section 212(c). See 8 C.F.R. § 1003.44 (k) (individuals issued a final order of deportation who then illegally return to the United States are ineligible to file a special former section 212(c) motion); see also Avila-Sanchez v. Mukasey, 509 F.3d 1037, 1040-41 (9th Cir.2007). We do not reach Guzman-Guzman’s contentions regarding ineffective assistance of counsel because the BIA’s determination that his reinstated deportation order bars relief is dispositive. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Martin Guzman-Guzman, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
Key Points
01MEMORANDUM ** Martin Guzman-Guzman, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
02The BIA correctly determined that Guzman-Guzman is not eligible for a special motion to seek relief under former section 212(c).
03§ 1003.44 (k) (individuals issued a final order of deportation who then illegally return to the United States are ineligible to file a special former section 212(c) motion); see also Avila-Sanchez v.
04We do not reach Guzman-Guzman’s contentions regarding ineffective assistance of counsel because the BIA’s determination that his reinstated deportation order bars relief is dispositive.
Frequently Asked Questions
MEMORANDUM ** Martin Guzman-Guzman, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
FlawCheck shows no negative treatment for Guzman-Guzman v. Mukasey in the current circuit citation data.
This case was decided on August 7, 2008.
Use the citation No. 8688233 and verify it against the official reporter before filing.