Mekterian

MEMORANDUM **

Greta Masisovna Mekterian, a native of Azerbaijan and a citizen of Armenia, and her daughter, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying them motion to reconsider and motion to reopen to apply for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen or reconsider, and review de novo claims of due process violations. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying as untimely petitioners’ motion to reconsider its order upholding an immigration judge’s decision to deny asylum, withholding of removal and protection under the Convention Against Torture, because the motion was filed more than 30 days after the BIA’s prior order. See 8 C.F.R. § 1003.2 (b)(2).

The BIA did not abuse its discretion in denying petitioners’ motion to reopen to adjust status because they did not submit clear and convincing evidence of a strong likelihood that Mekterian’s marriage is bona fide. See Malhi v. INS, 336 F.3d 989 , 994 n. 3 (9th Cir.2003)…