Legal Opinion

Cedillo v. Mukasey

Court of Appeals for the Ninth Circuit

Decided August 19, 2008No. 08-70825Published

1Opinion of the Court

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reopen removal proceedings.

We review the BIA’s ruling on a motion to reopen for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

An alien who is subject to a final order of removal is limited to filing one motion to reopen removal proceedings, and that motion must be filed within 90 days of the date of entry of a final order of removal. 8 U.S.C. § 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2(c)(2). Because petitioners’ motion to reopen was filed…

2Cases cited4 opinions

  1. Tigran Ekimian Rouzan Nagapetian Avetis Hekimian v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
  2. Perez v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  3. Albers v. Church of the NazareneCourt of Appeals for the Seventh Circuit · 1983
  4. Dela Cruz v. MukaseyCourt of Appeals for the Ninth Circuit · 2008

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