Jorge Cortes MacEdo v. Eric Holder, Jr.

MEMORANDUM

Jorge Cortes Macedo and Yesenia Orozco De La Paz, 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. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part 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 a year after the final administrative order was entered in their case. See 8 C.F.R. § 1003.2 (c)(2). We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2 (a). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002). If we had jurisdiction to review the BIA’s decision, we would find no abuse of discretion.

The BIA did not abuse its discretion in denying petitioners’ request to withdraw from their grant of voluntary departure on grounds that petitioners failed to demonstrate that they filed their motion prior to the expiration of their…