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No. 8630893
United States Court of Appeals for the Ninth Circuit
Lucio-Zamora v. Gonzales
No. 8630893 · Decided April 30, 2007
No. 8630893·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 30, 2007
Citation
No. 8630893
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Cuitlahuac Lucio-Zamora and Xóchitl Lucio-Cruz petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reconsider its earlier order affirming without opinion an immigration judge’s (“U”) order denying their application for cancellation of removal. We have jurisdiction under 8 *764 U.S.C. § 1252 and review for an abuse of discretion. See Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We deny the petition for review. The BIA was within its discretion in denying the motion to reconsider on the ground that the BIA’s summary affirmance procedure does not constitute an error of law. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 848 (9th Cir.2003); see also Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc). Contrary to petitioners’ assertion, the BIA did consider their arguments and petitioners’ motion failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2 (b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc). 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 ** Cuitlahuac Lucio-Zamora and Xóchitl Lucio-Cruz petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reconsider its earlier order affirming without opinion an immigration judge’s (
Key Points
01MEMORANDUM ** Cuitlahuac Lucio-Zamora and Xóchitl Lucio-Cruz petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reconsider its earlier order affirming without opinion an immigration judge’s (
02The BIA was within its discretion in denying the motion to reconsider on the ground that the BIA’s summary affirmance procedure does not constitute an error of law.
03Ashcroft, 350 F.3d 845, 848 (9th Cir.2003); see also Socop-Gonzalez v.
04Contrary to petitioners’ assertion, the BIA did consider their arguments and petitioners’ motion failed to identify any error of fact or law in the BIA’s prior decision.
Frequently Asked Questions
MEMORANDUM ** Cuitlahuac Lucio-Zamora and Xóchitl Lucio-Cruz petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reconsider its earlier order affirming without opinion an immigration judge’s (
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This case was decided on April 30, 2007.
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