FILED
NOT FOR PUBLICATION MAR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN CARLOS ARREOLA and ANA No. 09-73940
MYRIAM ARREOLA,
Agency Nos. A098-463-010
Petitioners, A078-538-364
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted March 9, 2010
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Juan Carlos Arreola and his wife Ana Maria Myrian Arreola, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
denial of their third motion to reopen removal proceedings to apply for asylum and
*
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).
related relief. The BIA found that petitioners’ motion was untimely, and
numerically barred, but noted that the limits did not apply to asylum applications
based on changed country conditions.
Petitioners’ sole contention on appeal is that the BIA erred in denying their
third motion to reopen because petitioners presented evidence of a well-founded
fear of future persecution based on their membership in a social group comprised
of “family members of a Mexican police officer who had been attacked and whose
identity was known to his narco-criminal attackers.” Petitioners failed to
establish that they qualify as a cognizable social group, and therefore did not
demonstrate prima facie eligibility for the asylum, and related relief requested by
petitioners. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010).
PETITION FOR REVIEW DENIED.
2 09-73940