Gutierrez

MEMORANDUM **

Petitioners Gutierrez and Mehrabiani seek review of the Board of Immigration Appeals’ (Board) denial of their motion to reopen deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 § 309(c); Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222-23 (9th Cir.2002). We review the Board’s decision for abuse of discretion, INS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992), and deny the petition for review.

The Board did not abuse its discretion by deeming petitioners’ motion to reopen untimely for purposes of applying for *983 asylum, withholding of deportation, and voluntary departure. Petitioners did not file their motion to reopen within ninety days of the Immigration Judge’s decision as required by 8 C.F.R. § 3.28 (b)(1). Moreover, they have not provided any “previously unavailable, material evidence” to support their motion to reopen. INS v. Abudu, 485 U.S. 94, 104-05 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988). Petitioner Mehrabiani could have testified concerning his alleged conflict with Iranian authorities when he appeared for the 1991…