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No. 8687592
United States Court of Appeals for the Ninth Circuit
Zavala-Rubalcava v. Mukasey
No. 8687592 · Decided June 18, 2008
No. 8687592·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 18, 2008
Citation
No. 8687592
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s late appeal. A review of the administrative record demonstrates that petitioner’s notice of appeal to the BIA was not filed within 30 calendar days after the stating of the Immigration Judge’s oral decision. See 8 C.F.R. § 1003.38 (b); Da Cruz v. INS, 4 F.3d 721 (9th Cir.1993). Accordingly, respondent’s motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam). All other pending motions are denied as moot. The temporary stay of removal confirmed by Ninth Circuit General Order 6.4(c) shall continue in effect until issuance of the mandate. 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 dismissing petitioner’s late appeal.
Key Points
01MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s late appeal.
02A review of the administrative record demonstrates that petitioner’s notice of appeal to the BIA was not filed within 30 calendar days after the stating of the Immigration Judge’s oral decision.
03Accordingly, respondent’s motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument.
04The temporary stay of removal confirmed by Ninth Circuit General Order 6.4(c) shall continue in effect until issuance of the mandate.
Frequently Asked Questions
MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s late appeal.
FlawCheck shows no negative treatment for Zavala-Rubalcava v. Mukasey in the current circuit citation data.
This case was decided on June 18, 2008.
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