Gonzalez Sevilla v. Gonzales
Docket: No. 04-73388
Court: Court of Appeals for the Ninth Circuit; August 15, 2005; Federal Appellate Court
Simon Gonzalez Sevilla and Maria Dolores Ramon Sevilla, Mexican citizens, petitioned for review of the Board of Immigration Appeals (BIA) denial of their late motion to reopen deportation proceedings. Jurisdiction is established under former 8 U.S.C. 1105a(a) due to transitional rules. The review is based on abuse of discretion standards. The petition was denied because the motion was filed more than 90 days after the final administrative decision, violating 8 C.F.R. 1003.2(c). Furthermore, the petitioners exhibited a lack of reasonable diligence, waiting over a year to file for reopening after a relevant court decision. The court also noted that it lacks jurisdiction to review the BIA's decision regarding the sua sponte authority for exceptional circumstances. The petition for review is therefore denied, and the disposition is not to be published or cited in future cases as per Ninth Circuit Rule 36-3.