Juan Gonzalez Hermosillo v. Eric Holder, Jr.

MEMORANDUM

Juan Ramon Gonzalez Hermosillo and Greyssi Rosaura Gonzalez Flores, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings. We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and grant in part the petition for review and remand.

The BIA did not abuse its discretion by denying petitioners’ untimely and successive motion to reopen based on changed country conditions, where petitioners failed to present any evidence to show that conditions in Mexico had in fact changed from the time of their initial removal hearing. See 8 C.F.R. § 1003.2 (c); see also Najmabadi 597 F.3d at 987 (requiring that evidence of changed country conditions “be ‘qualitatively different’ from the evidence presented at the previous hearing” (citation omitted)).

In view of the limited country-conditions evidence submitted with petitioners’ motion, the BIA conducted an adequately individualized analysis of the claim. See Shooshtary v. INS, 39 F.3d 1049, 1051 (9th Cir.1994)…