Gilmar Torres v. Eric Holder, Jr.

MEMORANDUM

Gilmar Humberto Torres and Luz Aleyda Garcia, natives and citizens of Colombia, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for an abuse of discretion, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen to apply for asylum and withholding of removal as untimely because the motion was filed over five years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and petitioners failed to present material evidence of changed circumstances in Colombia to qualify for the regulatory exception to the time limitation for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); see also Najmabadi v. Holder, 597 F.3d 983, 991 (9th Cir.2010).

The BIA also did not abuse its discretion in denying petitioners’ motion to reopen to apply for protection under the Convention Against Torture because it considered the evidence submitted and acted within its broad discretion in determining petitioners did not…