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No. 8644315
United States Court of Appeals for the Ninth Circuit
Vega-Aparicio v. Keisler
No. 8644315 · Decided October 2, 2007
No. 8644315·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 2, 2007
Citation
No. 8644315
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** Refugio Vega-Aparicio and his wife Velma Vega, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review. In their opening brief, Petitioners fail to address, and therefore have waived any challenge to, the BIA’s determination that their motion to reopen was filed out of time. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (holding that issues not specifically raised and argued in a party’s opening brief are waived). We do not consider any challenge to the BIA’s February 28, 2005 order upholding an immigration judge’s denial of cancellation of removal, because that decision was the subject of a previous petition for review. 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 *** Refugio Vega-Aparicio and his wife Velma Vega, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings.
Key Points
01MEMORANDUM *** Refugio Vega-Aparicio and his wife Velma Vega, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings.
02In their opening brief, Petitioners fail to address, and therefore have waived any challenge to, the BIA’s determination that their motion to reopen was filed out of time.
03INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (holding that issues not specifically raised and argued in a party’s opening brief are waived).
04We do not consider any challenge to the BIA’s February 28, 2005 order upholding an immigration judge’s denial of cancellation of removal, because that decision was the subject of a previous petition for review.
Frequently Asked Questions
MEMORANDUM *** Refugio Vega-Aparicio and his wife Velma Vega, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Vega-Aparicio v. Keisler in the current circuit citation data.
This case was decided on October 2, 2007.
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