Valdovinos Quiroz v. Holder

MEMORANDUM **

In these consolidated petitions for review, Maria Valdovinos Quiroz and Ana Elia Valdovinos Quiroz, mother and daughter and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal, as well as the BIA’s orders denying their individual motions to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and de novo due process claims. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss the petition for review in No. 08-70983. We deny the petition for review in No. 08-74549. We grant the petition for review in No. 08-74560. We stay the mandate and refer these petitions to the Circuit Mediator.

To the extent that petitioners challenge the BIA’s January 10, 2008, order dismissing their appeal, we lack jurisdiction because the petition for review is not timely. See 8 U.S.C. § 1252 (b)(1) (petition for review must be filed no later than 30 days after final removal order).

The BIA did not abuse its discretion when it denied…