Gutierrez-Morales v. Ashcroft, 96 F. App'x 206 (5th Cir. 2004). · Go Syfert
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Gutierrez-Morales v. Ashcroft, 96 F. App'x 206 (5th Cir. 2004). Cases Citing This Book View Copy Cite
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Strongest positive: Gutierrez-Morales v. Homan (ca5, 2006-08-21)
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#6 8 C.F.R. § 3.31 cited 1× in this case · 18 total citations of statute
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discussed Cited as authority (rule) Gutierrez-Morales v. Homan
5th Cir. · 2006 · confidence medium
The BIA denied these two motions on October 31, 2003, and March 9, 2004, respectively; and Gutierrez did not petition this court to review either of those denials 6 Gutierrez-Morales v. Ashcroft, 96 Fed.Appx. 206, 207 (5th Cir.2004) (unpublished per curiam opinion). 7 See 8 C.F.R. § 1003.2 (2005) ("The Board may at any time reopen or reconsider on its own motion any case in which it has rendered a decision."). 8 See Gutierrez-Morales v. Ashcroft, No. 04-60886, at 1 (5th Cir. Nov. 9, 2004) (unpublished order). 9 Rosales v. Bureau of Immigration & Customs Enforcement, 426 F.3d 733, 736 (5th Cir…
cited Cited as authority (rule) Gutierrez-Morales v. Homan
5th Cir. · 2006 · confidence medium
Gutierrez-Morales v. Ashcroft, 96 Fed.Appx. 206, 207 (5th Cir.2004) (unpublished per cu-riam opinion). 7 .
cited Cited as authority (rule) Ruperto Gutierrez-Morales v. Tom Homan, Etc.
5th Cir. · 2006 · confidence medium
Gutierrez-Morales v. Ashcroft, 96 Fed.Appx. 206, 207 (5th Cir.2004) (unpublished per cu-riam opinion). 6 .
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Ruperto GUTIERREZ-MORALES, Petitioner,
v.
John ASHCROFT, U.S. Attorney General, Respondent
03-60655.
Court of Appeals for the Fifth Circuit.
Apr 26, 2004.
96 F. App'x 206
William Jay Munter, San Antonio, TX, for Petitioner., David V. Bernal, Thomas Ward Hussey, Director, US Department of Justice, Office of Immigration Litigation, John Ashcroft, Barry Joseph Pettinato, US Department of Justice, Department of Homeland Security, Washington, DC, Kenneth L. Pasquarell, Acting District Director, US Immigration & Naturalization Service, District Directors Office, San Antonio, TX, Caryl G. Thompson, US Immigration & Naturalization Service, District Directors Office, New Orleans, LA, for Respondent.
Garza, Davis, Barksdale.
Cited by 3 opinions  |  Unpublished
PER CURIAM. [1]

In this appeal, we review the Board of Immigration Appeals’ decision denying Ruperto Gutierrez-Morales’ motion to reopen his removal proceedings and refusing to accept his untimely application for cancellation of removal.

Gutierrez-Morales argues that the Immigration Judge violated his due process rights by refusing to accept his untimely application for cancellation of[*207] removal and by denying his motion to reopen. Gutierrez-Morales also argues that the arrest which prompted his removal was illegal.

Gutierrez-Morales waived the opportunity to submit his application for cancellation of removal when he missed the imposed filing deadline. 8 C.F.R. § 3.31(c) (2003). His motion to reopen was properly denied because he was informed of his right to apply for cancellation of removal, and he was provided an opportunity to do so. 8 C.F.R. § 3.23(b)(3) (2002). Thus, the Immigration Judge did not violate Gutierrez-Morales’ due process rights.

Gutierrez-Morales’ challenge to his arrest does not warrant relief because even if he could demonstrate that his arrest was illegal, it would have no bearing on the validity of his subsequent removal. I.N.S. v. Lopez-Mendoza, 468 U.S. 1032, 1040, 104 S.Ct. 3479, 82 L.Ed.2d 778 (1984).

Gutierrez-Morales' petition for review is therefore denied.

1

. Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.