Ayrapetian

MEMORANDUM *

Petitioners Konstantin Ayrapetian and Sousan Malkhasian, husband and wife, and citizens of Armenia, seek review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen deportation proceedings to apply for adjustment of status based on their daughter’s United States citizenship. The BIA denied their motion on the basis of its untimeliness and declined to exercise its sua sponte power to reopen. This timely petition for review followed. 1 We deny the petition.

*665 A motion to reopen deportation proceedings “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceedings sought to be reopened ....” 8 C.F.R. § 3.2 (c)(2). Petitioners do not dispute that their motion to reopen was untimely. 2 Instead, they contend that the BIA abused its discretion by failing properly to consider factors weighing in their favor and by declining to exercise its sua sponte power to reopen their case, despite their showing of an “exceptional situation.” The BIA has recognized that § 3.2(a) “allows the Board to reopen proceedings sua sponte in exceptional situations,” In re JJ, 21 I. & N. Dec. 976 , Interim…