FILED
NOT FOR PUBLICATION APR 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EDERLINDA TIRONA BATOON; No. 09-70765
AILENE ROSE BATOON,
Agency Nos. A071-581-985
Petitioners, A072-517-728
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.
Ederlinda Tirona Batoon and Ailene Rose Batoon, natives and citizens of the
Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”)
order denying their motion to reopen deportation proceedings. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Iturribarria
v. INS, 321 F.3d 889, 894 (9th Cir. 2003), we deny the petition for review.
The BIA did not abuse its discretion by denying petitioners’ third and
untimely motion to reopen, because the BIA considered the evidence 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 if it is “arbitrary,
irrational, or contrary to law.”); In re Gutierrez-Lopez, 21 I. & N. Dec. 479, 480
(BIA 1996) (“A case may not be administratively closed if opposed by either of the
parties.”).
PETITION FOR REVIEW DENIED.
2 09-70765