Benigno Sandoval-Madrigal v. Jefferson Sessions , 695 F. App'x 283 ( 2017 )


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  •                               NOT FOR PUBLICATION                        FILED
    UNITED STATES COURT OF APPEALS                       AUG 15 2017
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    BENIGNO SANDOVAL-MADRIGAL,                      No.    13-74107
    AKA Jesus Osequerra,
    Agency No. A079-630-352
    Petitioner,
    v.                                             MEMORANDUM*
    JEFFERSON B. SESSIONS III, Attorney
    General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted August 9, 2017**
    Before:      SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
    Benigno Sandoval-Madrigal, a native and citizen of Mexico, petitions for
    review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal,
    which was treated as a motion to reconsider. We have jurisdiction under 
    8 U.S.C. § 1252
    . We review for abuse of discretion the denial of a motion to reconsider.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Mohammed v. Gonzales, 
    400 F.3d 785
    , 791 (9th Cir. 2005). We deny the petition
    for review.
    The BIA did not abuse its discretion in denying Sandoval-Madrigal’s motion
    to reconsider the agency’s denial of adjustment of status as untimely, where it was
    filed more than 30 days after the BIA’s 2011 order became final. See 8 U.S.C. §
    1229a(c)(6)(B) (motion to reconsider must be filed within 30 days of entry of a
    final order of removal); 
    8 U.S.C. § 1101
    (a)(47)(B)(i) (an order of removal becomes
    final when the BIA affirms the order); Pinto v. Holder, 
    648 F.3d 976
    , 986 (9th Cir.
    2011) (a BIA order denying relief from removal, but remanding solely for
    voluntary departure proceedings is a final order of removal).
    PETITION FOR REVIEW DENIED.
    2                                   13-74107
    

Document Info

Docket Number: 13-74107

Citation Numbers: 695 F. App'x 283

Filed Date: 8/15/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023