Rojas

MEMORANDUM and ORDER

Crispin Rojas and Ma De Lourdes Rojas, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of a motion to reopen for an abuse of discretion. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir.2002). Questions of law are reviewed de novo. Granados-Oseguera v. Mukasey, 546 F.3d 1011, 1014 (9th Cir.2008) (per curiam).

The BIA did not abuse its discretion in denying the motion to reopen. Even with the benefit of the 60-day departure period, Petitioners were statutorily ineligible for relief because they failed to depart the United States before their voluntary departure period expired. 8 U.S.C. § 1229c(d)(l); see Granados-Oseguera, 546 F.3d at 1016 (holding that the statutory bar on relief precluded the petitioner from relying on ineffective assistance of counsel as an “exceptional circumstance” excusing a failure to depart within the required time).

Petitioners’ prior petition cannot be considered a request for a stay. See Garcia v. Ashcroft, 368 F.3d 1157, 1159 (9th Cir.2004) (order) (“Unlike a motion…