He

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHANG HUA HE; XIN QIN HE,  No. 05-74930 Petitioners, Agency Nos. v.  A70-700-920 ALBERTO R. GONZALES, Attorney A75-010-197 General,

OPINION

Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted June 6, 2007—Honolulu, Hawaii

Filed September 4, 2007

Before: David R. Thompson, Marsha S. Berzon, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Tallman

11429 HE v. GONZALES 11431

COUNSEL

Jisheng Li, Honolulu, Hawaii, for the petitioners.

Margaret K. Taylor, Washington, District of Columbia, for the respondent.

OPINION

TALLMAN, Circuit Judge:

Chang Hua He and Xin Qin He (“Mr. He” and “Mrs. He,” respectively) petition for review of a Board of Immigration Appeals (“BIA”) denial of their second motion to reopen their immigration proceedings. The BIA concluded that the Hes’ motion did not fall within any exception to the regulatory bar against motions to reopen that are untimely or successive. Because the birth of two of the Hes’ children in the United 11432 HE v. GONZALES…