Arturo Hernandez v. Eric Holder, Jr.

MEMORANDUM

In these consolidated petitions for review, Arturo Garcia Hernandez and Dario Garcia Hernandez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their motion to remand, and denying their motions to reconsider and reopen. We review for abuse of discretion the BIA’s denial of a motion to remand, reopen or reconsider. Ghahremani v. Gonzales, 498 F.3d 993, 997 (9th Cir.2007); Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petitions for review.

The BIA did not abuse its discretion in denying petitioners’ motion to remand on the ground that petitioners were bound by their attorney’s admissions of alienage and removability at their hearing. See Torres-Chavez v. Holder, 567 F.3d 1096, 1102 (9th Cir.2009) (because petitioner was not “deprived of due process by the conduct of his lawyer, he is bound to his admissions of alienage and removability before the [immigration judge]”). Regardless of whether constitutional violations occurred during petitioners’ arrests, petitioners have not provided grounds that would prevent the agency from relying on their voluntary admissions at the…