Moiny
Moiny v. Holder
Opinion
Opinion
MEMORANDUM
In these consolidated petitions for review, Beatrice Moiny and her daughter Aurore Jenart, natives and citizens of Belgium, petition for review of the Board of Immigration Appeals’ orders denying their motions to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s denial of a motion to reopen for an abuse of discretion, Ontiveros-Lopez v. INS., 213 F.3d 1121, 1124 (9th Cir.2000), and we review questions of this court’s jurisdiction de novo. Didrickson v. U.S. Dept. of Interior, 982 F.2d 1332 , 1337 (9th Cir.1992).
The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely where petitioners filed then- April 2005 motion to reopen over two years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2) (motion to reopen must be filed within ninety days of final order of removal), and where petitioners did not show they acted with due diligence in discovering the alleged deficiencies of their prior counsel. See Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003) (time in which to file motion to reopen may be equitably tolled “when petitioner is prevented from filing because of deception, fraud, or error, as…