In a petition for review of the BIA's denial of petitioner's motion to reconsider its rejection of his appeal of an Immigration Judge's decision as being untimely filed, the petition is dismissed where the BIA's denial of petitioner's motion was an exercise of routine discretion.
Argued and Submitted April 15, 2009
Filed September 29, 2009
Opinion by Judge Siler
Dissent by Judge Kleinfeld
Martin Avila Robles, San Francisco, CA