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No. 8642317
United States Court of Appeals for the Ninth Circuit
Martinez v. Gonzales
No. 8642317 · Decided July 27, 2007
No. 8642317·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 27, 2007
Citation
No. 8642317
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order de *494 nying petitioner’s motion to reopen removal proceedings. The regulations provide that a party “may file only one motion to reopen removal proceedings----” See 8 C.F.R. § 1003.2 (c)(2). Therefore, the BIA did not abuse its discretion in denying petitioner’s second motion to reopen, filed one year late. See id.; Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004). Accordingly, this court has determined that summary denial of the petitioner for review is appropriate because the questions raised by this petition are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam). 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 de *494 nying petitioner’s motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order de *494 nying petitioner’s motion to reopen removal proceedings.
02The regulations provide that a party “may file only one motion to reopen removal proceedings----” See 8 C.F.R.
03Therefore, the BIA did not abuse its discretion in denying petitioner’s second motion to reopen, filed one year late.
04Accordingly, this court has determined that summary denial of the petitioner for review is appropriate because the questions raised by this petition are so insubstantial as not to require further argument.
Frequently Asked Questions
MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order de *494 nying petitioner’s motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Martinez v. Gonzales in the current circuit citation data.
This case was decided on July 27, 2007.
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