Antonio Moreno-Lozoya v. Eric Holder, Jr.

MEMORANDUM

Antonio Moreno-Lozoya, Silvia Barba-Martinez, and Jorge Moreno-Barba (“Petitioners”) petition for review of the Board of Immigration Appeals’ (“BIA”) decision denying their motion to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

We review the BIA’s ruling on a motion to reopen for abuse of discretion. Hernandez v. Mukasey, 524 F.3d 1014 , 1017 (9th Cir.2008). Questions of law are reviewed de novo. Id.

Petitioners contend that the BIA erred by denying the motion to reopen because they submitted evidence material to their asylum claim and presented prima facie claims for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). According to Petitioners, the evidence they submitted with their motion to reopen is material to their asylum claim because it shows that residents of Casas Grandes are specifically targeted by drug cartels and that they have a well-founded fear of persecution. However, to be eligible for asylum, Petitioners would have to prove a well-founded fear of persecution on account of a protected ground, and Petitioners did not present any evidence to support a…