ACEVEDO v. GONZALES, 237 Fed.Appx. 190 (9th Cir. 2007)


Librada Becerra ACEVEDO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 07-70083.United States Court of Appeals, Ninth Circuit.Submitted June 4, 2007.[*]
Filed June 12, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]
[*] This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Librada Becerra Acevedo, Santa Ana, CA, pro se.

CAC-District Counsel, Esq., Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Stacey I. Young, Esq., Jocelyn Wright, Esq., DOJ — U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A96-W0-575.

Before: LEAVY, RYMER and T.G. NELSON, Circuit Judges.

MEMORANDUM[**]
The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

Respondent’s unopposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard). The Board of Immigration Appeals did not abuse its discretion in denying petitioner’s third motion to reopen because an alien may generally file only one motion to reopen. See 8 C.F.R. § 1003.2(c)(2); Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir. 2002). Accordingly, this petition for review is denied.

The motion for stay of voluntary departure, filed after the departure period had expired, is denied. See Garcia v. Ashcroft, 368 F.3d 1157 (9th Cir. 2004).

All other pending motions are denied as moot. The temporary stay of removal confirmed by Ninth Circuit General Order 6.4(c) shall continue in effect until issuance of the mandate.

PETITION FOR REVIEW DENIED.

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

Page 191