Martha Bernal Garcia v. Eric H. Holder Jr.

MEMORANDUM

Martha Lucia Bernal Garcia, Andres Alberto Velez Bernal, and Yuri Marcela Velez Bernal, natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motions to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for an abuse of discretion the agency’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). We deny in part, dismiss in part, and grant in part the petition for review, and we remand.

The BIA did not abuse its discretion in denying Andres and Martha’s motion to reopen because it was untimely, see 8 C.F.R. § 1003.2 (c)(2), and petitioners failed to establish changed circumstances in Colombia to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Toufighi, 538 F.3d at 996-97 .

We lack jurisdiction to review petitioners’ contentions regarding the BIA’s October 28, 2004 order affirming the immigration judge’s decision denying their underlying claims for asylum, withholding of removal and relief under the Convention Against Torture, because this petition for review is not timely as to that…