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291 F. App'x 856

Cadena v. Mukasey

U.S. Courts of Appeals

Decided September 10, 2008

U.S. Courts of Appeals · decided 2008-09-10

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Rodriguez-Lariz v. Immigration & Naturalization Service · GUTIERREZ

Decided 2008-09-10

¶1MEMORANDUM

¶2*857Juan Manuel Godinez Cadena, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision ordering him removed and denying his request to administratively close proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review questions of law de novo, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002), and we deny the petition.

¶3The BIA correctly affirmed the IJ’s denial of petitioner’s request for administrative closure where the government declined to consent to the closure of the case. See In Re Gutierrez-Lopez, 21 I. & N. Dec. 479, 480 (BIA 1996) (“A case may not be administratively closed if opposed by either of the parties”).

¶4Petitioner’s requests for decision are denied as moot.

¶5PETITION FOR REVIEW DENIED.

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

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