Vilchiz

MEMORANDUM **

Jose Luis Bautista Vilchiz, Elena Garcia Gregorio and Luis Antonio Bautista Garcia, natives and citizens of Mexico, petition pro se for review of a Board of Immigration Appeals decision denying, as untimely and without merit, their motion to reopen proceedings to apply for protection under the Convention Against Torture (CAT), following the denial of their application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir.2007), and we deny the petition for review.

Petitioners contend their motion to reopen was timely because there is no time limit for motions to reopen that seek relief under the CAT, and because they only recently became aware of “widespread torture” in Mexico. Petitioners filed their motion to reopen outside the ninety-day time limit set forth in 8 C.F.R. § 1003.2 (c)(2), which does apply to CAT claims. In addition, they failed to present material evidence of changed country conditions that was not available and could not have been presented at the previous proceeding. See 8 C.F.R. § 1003.2 (c)(3)(ii); He, 501…