Vicente Garcia Miranda v. Eric Holder, Jr.

MEMORANDUM

Vicente Garcia Miranda, Maria Monica Garcia, and Julio Valentin Garcia Gonzalez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in its October 3, 2012, order denying petitioners’ successive motion to reconsider as number-barred. See 8 C.F.R. § 1003.2 (b)(2) (“A party may file only one motion to reconsider any given decision and may not seek reconsideration of a decision denying a previous motion to reconsider.”).

We lack jurisdiction to review petitioners’ challenge to the BIA’s order of December 5, 2011, denying their earlier motion to reconsider, because this petition for review is untimely as to that order. See 8 U.S.C. § 1252 (b)(1); Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir.2005) (en banc).

We also lack jurisdiction to consider petitioners’ contention that their case warrants a…