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Ramirez-Garcia v. Holder

United States Court of Appeals, Ninth Circuit
Jun 9, 2010
382 F. App'x 656 (9th Cir. 2010)

Opinion

No. 08-70650.

Submitted May 25, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed June 9, 2010.

Sarah J. Jones, Esquire, Law Office of Sarah J.M. Jones, San Francisco, CA, for Petitioners.

Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, GA, Stacy Stiffel Paddack, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A095-407-975, A095-407-976.

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Rogelio Ramirez-Garcia and Margarita Avalos-Garcia, natives and citizens of Mexico, petition 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 review for abuse of discretion the denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review.

The BIA did not abuse its discretion in denying petitioners' motion to reopen as untimely because it was filed approximately one year and nine months after the BIA's final order of removal. See 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of final order of removal).

PETITION FOR REVIEW DENIED.


Summaries of

Ramirez-Garcia v. Holder

United States Court of Appeals, Ninth Circuit
Jun 9, 2010
382 F. App'x 656 (9th Cir. 2010)
Case details for

Ramirez-Garcia v. Holder

Case Details

Full title:Rogelio RAMIREZ-GARCIA; Margarita Avalos-Garcia, Petitioners, v. Eric H…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 9, 2010

Citations

382 F. App'x 656 (9th Cir. 2010)