Garcia-Rodriguez

MEMORANDUM **

Arturo Garcia-Rodriguez, Veronica Garcia-Medina, and Jonathan Espinoza-Medina, all natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their “motion to vacate and reinstate previous order,” which the BIA construed as a motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for an abuse of discretion the denial of both a motion to reopen, see de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004), and a request for a continuance, see Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988). We deny the petition for review.

We decline to consider petitioners’ argument that the BIA should have equitably tolled the filing deadline on their untimely motion to reopen because the BIA also ruled on the merits of the motion.

In their motion to reopen, petitioners contended their previous counsel rendered ineffective assistance by failing to petition this court for review of the BIA’s order affirming the IJ’s order denying petitioners a continuance to procure evidence of hardship, and denying their applications for cancellation of removal.

*646 In the underlying proceedings, the…