Witron
Witron v. Gonzales
Opinion
Lead Opinion
*618 MEMORANDUM **
Petitioners Jorge Contreras Witron and Ana Maria Contreras, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (the “BIA”) denial of their motion to reopen and reissue the BIA’s earlier decision refusing to reopen and reconsider Petitioners’ applications for cancellation of removal. Petitioners contend that they did not receive the BIA’s earlier decision refusing to reopen and reconsider their application for cancellation of removal until after the time to file a petition for review of that earlier decision had expired.
We have jurisdiction to review the Board’s denial of Petitioners’ motion to reopen and reissue. See 8 U.S.C. § 1252 (a); Singh v. Gonzales, 469 F.3d 863 (9th Cir.2006). Denial of a motion to reopen and reissue is not a discretionary decision under 8 U.S.C. § 1252 (a)(2)(B)(ii). Rather, it is treated as a final order of removal. See Singh, 469 F.3d at 865 ; Lin v. Gonzales, 473 F.3d 979 , 981 n. 1 (9th Cir.2007). We review the BIA’s denial of Petitioners’ motion to reopen and reissue for abuse of discretion. Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004).