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No. 8645565
United States Court of Appeals for the Ninth Circuit
Vazquez v. Mukasey
No. 8645565 · Decided November 26, 2007
No. 8645565·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 26, 2007
Citation
No. 8645565
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Gabriel Vazquez and Maria Del Soccorro Merlos Bautista, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their 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, Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005), and review de novo due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review. The BIA did not violate petitioners’ due process rights and was within its discretion in denying petitioners’ motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision affirming the IJ’s order denying cancellation of removal. 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 ** Gabriel Vazquez and Maria Del Soccorro Merlos Bautista, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider.
Key Points
01MEMORANDUM ** Gabriel Vazquez and Maria Del Soccorro Merlos Bautista, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider.
02We review for abuse of discretion the denial of a motion to reconsider, Oh v.
03Gonzales, 406 F.3d 611, 612 (9th Cir.2005), and review de novo due process claims, Ram v.
04The BIA did not violate petitioners’ due process rights and was within its discretion in denying petitioners’ motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision affirming the IJ’s
Frequently Asked Questions
MEMORANDUM ** Gabriel Vazquez and Maria Del Soccorro Merlos Bautista, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider.
FlawCheck shows no negative treatment for Vazquez v. Mukasey in the current circuit citation data.
This case was decided on November 26, 2007.
Use the citation No. 8645565 and verify it against the official reporter before filing.