FILED
NOT FOR PUBLICATION APR 26 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TOMAS RIVAS OROZCO; ESTHER No. 08-74358
RIVAS,
Agency Nos. A097-867-591
Petitioners, A097-867-592
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Tomas Rivas Orozco and Esther Rivas, natives and citizens of Mexico,
petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252.
We review for abuse of discretion the denial of a motion to reopen, Iturribarria v.
*
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).
INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny in part and dismiss in part the
petition for review.
The BIA did not abuse its discretion by denying petitioners’ motion to
reopen. With respect to cancellation of removal, the BIA considered the evidence
petitioners submitted and acted within its broad discretion in determining that the
evidence was insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037,
1039 (9th Cir. 2002) (The BIA’s denial of a motion to reopen shall be reversed
only if it is “arbitrary, irrational or contrary to law.”). With respect to relief under
the Convention Against Torture (“CAT”), petitioners failed to establish prima facie
eligibility for CAT protection. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152
(9th Cir. 2010).
To the extent it is raised, we lack jurisdiction to review petitioners’ hardship
contention relating to the BIA’s February 26, 2008, order because this petition for
review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th
Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-74358