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Chavez v. Gonzales
Citation: 228 F. App'x 652Docket: No. 05-74886
Court: Court of Appeals for the Ninth Circuit; February 26, 2007; Federal Appellate Court
Paula Juan Chavez and her two daughters, citizens of Mexico, petitioned for review of a Board of Immigration Appeals (BIA) order that denied their motion to reopen removal proceedings for adjustment of status. The Ninth Circuit reviewed the BIA's denial for abuse of discretion. The petition was partially denied and partially dismissed. The BIA's denial was deemed appropriate as the motion to reopen was filed over two years after the final removal order, exceeding the 90-day deadline mandated by 8 U.S.C. § 1229a(c)(7)(C)(i). The court noted a lack of jurisdiction over the petitioners' arguments regarding equitable tolling because these had not been raised before the BIA, thus failing to exhaust administrative remedies. Additionally, the petitioners claimed the BIA did not adequately consider the evidence submitted or explain its refusal to reopen sua sponte. However, the court ruled it lacked jurisdiction to review these claims since the BIA's decision to invoke sua sponte authority is entirely discretionary. The final disposition of the petition is not published and does not set precedent except as outlined by 9th Cir. R. 36-3.