Pedroza-Pineda

MEMORANDUM **

Bertila Pedroza-Pineda (“Bertila”) and her daughters, Lilian Galieia-Pedroza (“Lilian”) and Brenda Galieia-Pedroza (“Brenda”), natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) order denying Bertila and Lilian’s motion to reopen deportation proceedings to permit them to apply for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), and we deny the petition for review in part, and grant in part and remand.

To be timely, Bertila and Lilian’s motion to reopen had to be filed no later than September 30, 1996. See 8 C.F.R. § 1003.23 (b)(1) (a “motion to reopen must be filed within 90 days of the date of entry of a final administrative order of removal, deportation, or exclusion, or on or before September 30, 1996, whichever is later.”). They filed their motion on December 3, 2002. The BIA did not abuse its discretion when it concluded that their motion was untimely. See Singh, 295 F.3d at 1039 (stating that this court will reverse a denial of a motion to reopen only if…