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No. 8626653
United States Court of Appeals for the Ninth Circuit
Martinez-Zendejas v. Gonzales
No. 8626653 · Decided December 8, 2006
No. 8626653·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 8, 2006
Citation
No. 8626653
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Ruben Martinez-Zendejas and Monica Maria Godoy-Castanon, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ denial of their motion to reopen the underlying order of removal. The BIA found that petitioners failed to file a timely motion to reopen within ninety days of the BIA’s underlying decision. The sole basis for the BIA’s decision was that petitioners’ motion to reopen was filed almost three years past the filing deadline. Petitioners do not raise the issue of timeliness in their opening brief, and they have therefore waived any challenge to the BIA’s order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Ruben Martinez-Zendejas and Monica Maria Godoy-Castanon, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ denial of their motion to reopen the underlying orde
Key Points
01MEMORANDUM ** Ruben Martinez-Zendejas and Monica Maria Godoy-Castanon, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ denial of their motion to reopen the underlying orde
02The BIA found that petitioners failed to file a timely motion to reopen within ninety days of the BIA’s underlying decision.
03The sole basis for the BIA’s decision was that petitioners’ motion to reopen was filed almost three years past the filing deadline.
04Petitioners do not raise the issue of timeliness in their opening brief, and they have therefore waived any challenge to the BIA’s order.
Frequently Asked Questions
MEMORANDUM ** Ruben Martinez-Zendejas and Monica Maria Godoy-Castanon, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ denial of their motion to reopen the underlying orde
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This case was decided on December 8, 2006.
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