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No. 8688569
United States Court of Appeals for the Ninth Circuit
Higareda-Mendoza v. Mukasey
No. 8688569 · Decided August 19, 2008
No. 8688569·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 19, 2008
Citation
No. 8688569
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reconsider its denial of petitioners’ motion to reopen removal proceedings. We review the BIA’s ruling on a motion to reconsider for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir .2008). A motion to reconsider must specify the errors of fact or law in the prior BIA decision and shall be supported by pertinent authority. See 8 C.F.R. § 1003.2 (b)(1). Because petitioners’ motion failed to identify errors of fact or law in the BIA’s prior decision denying their motion to reopen, the BIA did not abuse its discretion when it denied petitioners’ motion to reconsider. Accordingly, respondent’s motion for summary disposition is granted because the questions raised by this petition for review *264 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). 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. 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 petitioners’ motion to reconsider its denial of petitioners’ motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reconsider its denial of petitioners’ motion to reopen removal proceedings.
02We review the BIA’s ruling on a motion to reconsider for abuse of discretion.
03A motion to reconsider must specify the errors of fact or law in the prior BIA decision and shall be supported by pertinent authority.
04Because petitioners’ motion failed to identify errors of fact or law in the BIA’s prior decision denying their motion to reopen, the BIA did not abuse its discretion when it denied petitioners’ motion to reconsider.
Frequently Asked Questions
MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reconsider its denial of petitioners’ motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Higareda-Mendoza v. Mukasey in the current circuit citation data.
This case was decided on August 19, 2008.
Use the citation No. 8688569 and verify it against the official reporter before filing.