Monroy-Perez

MEMORANDUM ** '

Carlos Monroy-Perez and his wife Maria del Carmen Ortiz-Maya, natives and *175 citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of them applications for suspension of deportation. We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a), see Kalaw v. INS, 138 F.3d 1147, 1150 (9th Cir.1997), and we deny the petition for review.

Petitioners make a due process claim based on Ramirez-Alejandre v. Ashcroft, 320 F.3d 858 (9th Cir.2003) (en banc), contending that they were prevented from presenting new evidence to the BIA during the five years before the Board decided their case. Ramirez-Alejandre relied, however, on BIA practice that had been superseded when the Board decided Petitioners’ case in 2003. See id. at 864-65 (describing the BIA’s former “responsibility of considering newly developed evidence in making determinations on suspension of deportation”). In September 2002, the Attorney General promulgated new regulations “quite different from, and much more elaborate than, those in place at the time of the appeal to the BIA in [RamirezAlejandre].” Id. at 869. Under…