Wenceslao BAHENA-MARTINEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent, 235 F. App'x 496

MEMORANDUM This is a petition for review from the Board of Immigration Appeals’ (“BIA”) denial of a motion to reopen. A review of the record indicates that the BIA’s decision applies only to petitioner Wenceslao Bahena-Martinez, [ AXX-XXXXXX ]. Maria Guadalupe Leonides, [ AXXXXX-XXX ], was therefore not properly' included on this petition for review. The Clerk shall amend the caption to remove Maria Guadalupe Leonides. Respondent’s opposed 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 regulations provide that “a party may file only one motion to reopen,” and that the motion “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened.” See 8 C.F.R. § 1003.2(c)(2).

The BIA did not abuse its discretion in denying petitioner’s motion to reopen, filed more than eight months after the final administrative decision was rendered. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). Accordingly, this petition for review is denied. All other pending motions are denied as moot. The temporary stay of removal 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.