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No. 8629125
United States Court of Appeals for the Ninth Circuit
Martinez-Reyes v. Gonzales
No. 8629125 · Decided March 1, 2007
No. 8629125·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 1, 2007
Citation
No. 8629125
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Damian Martinez-Reyes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), we deny the petition for review. The BIA acted within its discretion in denying Martinez-Reyes’ motion as untimely because it was filed over four months after the BIA entered its final order of removal. See 8 U.S.C. § 1229a(c)(7)(C)(i) (motions to reopen must be filed within 90 days of the entry of a final administrative removal order). In light of this holding, we do not reach Martinez-Reyes’ remaining contentions. 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 ** Damian Martinez-Reyes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** Damian Martinez-Reyes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
02INS, 321 F.3d 889, 894 (9th Cir.2003), we deny the petition for review.
03The BIA acted within its discretion in denying Martinez-Reyes’ motion as untimely because it was filed over four months after the BIA entered its final order of removal.
04§ 1229a(c)(7)(C)(i) (motions to reopen must be filed within 90 days of the entry of a final administrative removal order).
Frequently Asked Questions
MEMORANDUM ** Damian Martinez-Reyes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Martinez-Reyes v. Gonzales in the current circuit citation data.
This case was decided on March 1, 2007.
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