Ochave

MEMORANDUM **

The Ochaves petition for review of the BIA’s denial of Mrs. Ochave’s motion to reopen her case for adjustment of status based on the Department of Labor’s approval of her labor certification and Mr. Ochave’s motion to reopen for renewed suspension of deportation, asserting membership in the class defined in the settlement agreement, Barahona-Gomez v. Ashcroft, 243 F.Supp.2d 1029 (N.D.Cal.2002). We have jurisdiction over this petition for review under § 309(c) of the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Rodriguez-Lariz v. INS, 282 F.3d 1218, 1223 (9th Cir.2002).

The immigration judge (IJ) denied Petitioners’ applications for asylum, withholding of deportation, and suspension of deportation in 1996, and the BIA affirmed that decision in 1999. This court denied the Ochaves’ petition for review. Ochave v. INS, 254 F.3d 859 (9th Cir.2001). On September 5, 2003, the Ochaves filed their motions to reopen when Mrs. Ochave became eligible for adjustment of status under INA § 245(1) based upon the Department of Labor’s approval of her application for labor certification.

We review the BIA’s denial of their motions…