Guzman v. Gonzales

MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reopen. Respondent’s motion for summary disposition in part is granted. The BIA did not abuse its discretion when it denied petitioners’ motion to reopen as untimely. See 8 C.F.R. § 1003.2 (c)(2); Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005) (holding that BIA denials of motions to reopen or reconsider are reviewed for abuse of discretion). Thus, the questions raised by this petition for review 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). Accordingly, this petition for review is denied in part. Furthermore, this court lacks jurisdiction over this petition for review to the extent that this petition seeks review of the BIA’s discretionary denial of petitioners’ request to sua sponte reopen proceedings. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002). Accordingly, respondent’s motion to dismiss in part this petition for lack of jurisdiction is granted. All other pending motions are denied as moot. The temporary stay of removal shall continue in effect until issuance of the mandate. PETITION FOR REVIEW DENIED in part and DISMISSED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.