FILED
NOT FOR PUBLICATION DEC 07 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN PINA COLIN; AMELIA No. 07-72387
HERNANDEZ SANCHEZ,
Agency Nos. A070-194-444
Petitioners, A070-203-363
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Juan Pina Colin and Amelia Hernandez Sanchez, husband and wife and
natives and citizens of Mexico, petition for review of the Board of Immigration
Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
JTK/Research
pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a
motion to reopen, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we
deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion as
untimely because it was filed over 90 days after the BIA’s February 8, 2006, order
dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and petitioners
failed to demonstrate that they qualified for any of the regulatory exceptions to the
time limit on filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(i)-(iv).
PETITION FOR REVIEW DENIED.
JTK/Research 2 07-72387