FILED
NOT FOR PUBLICATION JUL 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAJESH DUTT and LATA RASHMIN No. 10-70113
DUTT,
Agency Nos. A073-970-518
Petitioners, A073-970-519
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Rajesh Dutt and Lata Rashmin Dutt, natives and citizens of Fiji, petition for
review of the Board of Immigration Appeals’ (“BIA”) order denying their motion
to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reopen and de novo claims
*
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).
of constitutional violations in immigration proceedings. Iturribarria v. INS, 321
F.3d 889, 894 (9th Cir. 2003). We deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen as untimely where it was filed more than 90 days after the BIA’s final order
of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i), and petitioners failed to demonstrate
changed country conditions to qualify for the regulatory exception to the time limit
for filing motions to reopen, see 8 U.S.C. § 1229a(c)(7)(C)(ii); cf. Malty v.
Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004). Therefore, petitioners’ due process
rights were not violated. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring error for a due process violation).
We do not consider the extra-record evidence submitted for the first time
with petitioners’ opening brief because the court’s review is limited to the
administrative record. See 8 U.S.C. § 1252(b)(4)(A).
Petitioners’ remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
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