Sanchez

Sanchez v. Holder

Good Law
328 F. App'x 461
United States Court of Appeals for the Ninth CircuitJuly 2, 2009No. 07-74072California330 words

Opinion

Lead Opinion

MEMORANDUM **

Anieeto Sanchez and Guadalupe Otam-endi, husband and wife and natives and citizens of Mexico, petition pro se for review of a Board of Immigration Appeals decision denying, as untimely and without *462 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. The motion was untimely because petitioners filed it outside the ninety-day time limit set forth in 8 C.F.R. § 1003.2 (c)(2), which does not specifically exclude CAT claims from the time limit. Moreover, the exception to the time limit based on changed country conditions does not apply because petitioners did not present material evidence of changed country conditions that…

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