Pina Colin v. Holder

MEMORANDUM

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 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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.