Avalos

MEMORANDUM **

Vicente Zapien Avalos and Berenice An-guano Reyes, husband and wife and natives and citizens of Mexico, petition for review of three orders of the Board of Immigration Appeals: (1) the BIA’s dismissal of their appeal from the immigration judge’s (“IJ”) denial of their application for cancellation of removal (05-71659); (2) the BIA’s denial of their motion to reopen (05-74248); and (3) the BIA’s denial of their motion to reconsider the denial of their motion to reopen (05-77085).

The BIA denied the underlying application for cancellation of removal based on petitioners’ failure to establish the requisite exceptional and extremely unusual hardship to their two United States citizen children. The BIA initially denied the motion to reopen due to petitioners’ failure to obtain a stay or to voluntarily depart. The BIA granted the subsequent motion to reconsider, based on its conclusion that it erred in denying the motion to reopen based on petitioners’ failure to voluntarily depart, because the petitioners had obtained a stay from this court. The BIA proceeded to consider the motion to reopen on the merits, and denied the motion to reopen due to petitioners’ failure to…