FILED
NOT FOR PUBLICATION SEP 07 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NICOLAS MIRANDA-NAVARRETTE; No. 08-74971
MARIA DE JESUS MIRANDA,
Agency Nos. A095-878-208
Petitioners, A095-878-209
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 23, 2010 **
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Nicolas Miranda-Navarrette and Maria De Jesus Miranda, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to reopen removal proceedings. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.
2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ second motion
to reopen as untimely and number-barred because they previously filed a motion to
reopen, see 8 C.F.R. § 1003.2(c)(2), the second motion was filed more than 90
days after the final order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i), and
petitioners failed to present evidence of changed country conditions in Mexico that
were particular to petitioners and their circumstances. See 8 C.F.R.
§ 1003.2(c)(3)(ii); see also Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir.
2010) (per curiam).
PETITION FOR REVIEW DENIED.
2 08-74971