Bernabe Lozano Valverde v. Loretta E. Lynch
Opinion
Opinion
MEMORANDUM
Bernabe Lozano Valverde and Agustina Magdalena Flores Rebollar, natives and citizens of Mexico, 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 abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.
Petitioners do not raise, and therefore have waived, any challenge to the BIA’s dispositive determination that their motion to reopen was untimely. See Rizk v. Holder, 629 F.3d 1083 , 1091 n.3 (9th Cir. 2011) (issues not raised in an opening brief are waived). Petitioners’ contention that the BIA failed to adequately explain its decision is not supported by the record. See Najmabadi, 597 F.3d at 990 (what is required is that the BIA adequately considered evidence and sufficiently announced its decision).
To the extent petitioners challenge the BIA’s decision not to invoke its sua sponte authority to reopen, we lack jurisdiction over that contention. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).