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No. 8690273
United States Court of Appeals for the Ninth Circuit
Sanchez-Diaz v. Mukasey
No. 8690273 · Decided October 24, 2008
No. 8690273·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 24, 2008
Citation
No. 8690273
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Florencio Sanchez-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny the petition for review. The BIA did not abuse its discretion in denying the motion to reconsider because Sanchez-Diaz knowingly and voluntarily withdrew his asylum application after consultation with his counsel. See 8 C.F.R. § 1003.2 (b)(1) (a motion to reconsider must identify errors of fact or law in a prior decision); see also 8 C.F.R. § 1240.11 (c)(1) (IJ shall inform an individual he may apply for asylum if there is no previously filed application). 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 ** Florencio Sanchez-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider.
Key Points
01MEMORANDUM ** Florencio Sanchez-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider.
02We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v.
03INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny the petition for review.
04The BIA did not abuse its discretion in denying the motion to reconsider because Sanchez-Diaz knowingly and voluntarily withdrew his asylum application after consultation with his counsel.
Frequently Asked Questions
MEMORANDUM ** Florencio Sanchez-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider.
FlawCheck shows no negative treatment for Sanchez-Diaz v. Mukasey in the current circuit citation data.
This case was decided on October 24, 2008.
Use the citation No. 8690273 and verify it against the official reporter before filing.