Estrada

MEMORANDUM **

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

The Clerk shall file petitioners’ late response to respondent’s motion for summary affirmance in part and dismissal in part.

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reconsider or reopen removal proceedings.

We review the BIA’s ruling on a motion to reconsider or reopen for abuse of discretion. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004).

An alien who is subject to a final order of removal is limited to filing one motion to reconsider with the Board within 30 days after the mailing of the Board decision. See 8 U.S.C. § 1229a(c)(6)(A), (B); 8 C.F.R. § 1003.2 (b)(2). An alien is also limited to filing one motion to reopen removal proceedings, and that motion must be filed within 90 days of the date of entry of a final order of removal. See 8 U.S.C. § 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2 (c)(2). Because petitioners’ motion was filed beyond the deadlines for both types of motions, and petitioners have not contended that any exceptions to this time limit apply, the…