Al Ayed v. Gonzales

MEMORANDUM **

Mohammad Al Ayed, a native and citizen of Jordan, and Lubna Al Ayed, a native of Israel and citizen of Jordan, petition for review of the Board of Immigration Appeals’ denial of their motion to reopen deportation proceedings. Although filed under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act, this petition “shall be treated as if it had been filed as a petition for review under [ 8 U.S.C. § 1252 ].” REAL ID Act, Pub.L. No. 109-13, § 106 (d), 119 Stat. 231 , 311 (2005). We review the denial of a motion to reopen for abuse of discretion, Martinez v. Ashcroft, 363 F.3d 1022, 1024 (9th Cir.2004), and we dismiss in part and deny in part the petition for review.

The Board did not abuse its discretion in denying petitioners’ second motion to reopen as both time and numerically barred. See 8 C.F.R. § 1003.2 (c)(2); Ekimian v. INS, 303 F.3d 1153, 1156 (9th Cir.2002). Substantial evidence supports the Board’s determination that petitioners failed to submit sufficient evidence of changed circumstances to establish prima *355 facie eligibility for asylum or withholding of deportation. See 8.C.F.R. § 1003.2(e)(3)(ii) (providing an…