Ivin Navarro Guzman v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Ivin Amarildo Navarro Guzman and Dil-bia Arcely De Navarro Perez, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 988 , 986 (9th Cir.2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely where the motion was filed more than eleven years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and the BIA considered the record and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie eligibility for relief from deportation. See INS v. Abudu, 485 U.S. 94, 104 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1172 (9th Cir.2006) (“vague and conclusory allegations” insufficient to establish prima fa-cie eligibility).