Martinez-Islas

MEMORANDUM **

Jorge Martinez-Islas, his spouse Maria Escobedo-Jaimes, and their daughter Juanita Martinez-Escobedo, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen or reconsider. We review for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition.

In their motion to reopen or reconsider, petitioners requested that the BIA consider the availability of repapering relief. See Alcaraz v. INS, 384 F.3d 1150, 1152-53 (9th Cir.2004) (describing the “safety-net provision for aliens rendered ineligible for suspension of deportation because of the retroactive stop-time rule” referred to as “repapering” relief). However, repapering relief is only available to aliens who are statutorily eligible for cancellation of removal. See id. at 1155 ; see also 65 Fed. Reg. 71273 , 71274 (Nov. 30, 2000) (“Repapering applicants must also be statutorily eligible for cancellation of removal ... at the time of application.”). Here, the BIA correctly found that petitioners were ineligible for cancellation of removal because they overstayed their voluntary departure period. See 8…