Tapia-Soriano

MEMORANDUM **

Norberto Tapia-Soriano and Maria Del Socoro Tapia-Ortiz, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We grant in part and dismiss in part the petition for review.

Even if Petitioners have inadequately challenged the BIA’s denial of their motion to reopen for failing to depart within the voluntary departure period, we retain discretion to review that issue because the government briefed it. See Ndom v. Ashcroft, 384 F.3d 743, 751 (9th Cir.2004). At the time Petitioners filed their motion to reopen with the BIA, their period of voluntary departure had been stayed in this court, where Petitioners sought review of the BIA’s underlying order and filed a motion for stay of removal. See 9th Cir. Gen. Order 6.4(c); Desta v. Ashcroft, 365 F.3d 741, 743-44 (9th Cir.2004). Because Petitioners filed their motion to reopen within the voluntary…