Court of Appeals for the Ninth Circuit July 9, 2008, 05-76564, 06-75285 (Dela Cruz v. Mukasey)

GRABER, Circuit Judge,

with whom TASHIMA, Circuit Judge, and TIMLIN, District Judge, join,1

concurring:

I concur in our per curiam opinion. As a matter of law, the filing of a petition for review in this court does not extend the time period during which an alien may file a motion to reopen with the BIA. I write separately to point out that the BIA may reopen a proceeding, sua sponte, at any time.