Juarez-Zamorano

MEMORANDUM

Jose Luis Juarez-Zamorano and Gabriela Murillo Juarez, married natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Valeriano v. Gonzales, 474 F.3d 669, 672 (9th Cir.2007), we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying petitioners’ motion to reopen as untimely, because it was filed more than two years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and petitioners failed to establish that they warranted equitable tolling, see Valeriano, 474 F.3d at 674-75 .

We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings. Ekimian v. INS, 303 F.3d 1153, 1157-59 (9th Cir. 2002).

We also lack jurisdiction to review whether the BIA properly reduced petitioners’ voluntary departure period in its January 8, 2004 order, because this petition is not timely as to that order. See 8 U.S.C. § 1252 (b)(1); see also Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir.…