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No. 8647370
United States Court of Appeals for the Ninth Circuit
Ituarte-Olivas v. Mukasey
No. 8647370 · Decided January 28, 2008
No. 8647370·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
January 28, 2008
Citation
No. 8647370
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Martha Ituarte-Olivas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing as untimely her appeal from an immigration judge’s (“IJ”) order denying her request for adjustment of sta *609 tus. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review. The record reflects that the IJ’s oral decision was rendered on May 27, 2004, the notice of appeal was due on June 28, 2004, see 8 C.F.R. § 1003.38 (b), and the BIA received Ituarte-Olivas’ notice of appeal on July 1, 2004. Because Ituarte-Olivas has not pointed to the type of “rare circumstances” under which the BIA may excuse late filing, see Oh v. Gonzales, 406 F.3d 611, 613 (9th Cir.2005), the BLA properly dismissed the appeal as untimely. 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 ** Martha Ituarte-Olivas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing as untimely her appeal from an immigration judge’s (“IJ”) order denying her request for
Key Points
01MEMORANDUM ** Martha Ituarte-Olivas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing as untimely her appeal from an immigration judge’s (“IJ”) order denying her request for
02The record reflects that the IJ’s oral decision was rendered on May 27, 2004, the notice of appeal was due on June 28, 2004, see 8 C.F.R.
03§ 1003.38 (b), and the BIA received Ituarte-Olivas’ notice of appeal on July 1, 2004.
04Because Ituarte-Olivas has not pointed to the type of “rare circumstances” under which the BIA may excuse late filing, see Oh v.
Frequently Asked Questions
MEMORANDUM ** Martha Ituarte-Olivas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing as untimely her appeal from an immigration judge’s (“IJ”) order denying her request for
FlawCheck shows no negative treatment for Ituarte-Olivas v. Mukasey in the current circuit citation data.
This case was decided on January 28, 2008.
Use the citation No. 8647370 and verify it against the official reporter before filing.