Hernandez

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motions to reconsider and reopen.

We review the BIA’s denial of a motion to reopen or reconsider for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The regulations state that motions to reconsider shall be limited to one motion to reconsider in any case previously the subject of a final decision by the BIA. See 8 C.F.R. § 1003.2 (b)(2). A review of the administrative record demonstrates that the BIA did not abuse its discretion in denying petitioners’ motion to reconsider for exceeding the numerical limitations because the BIA previously denied petitioners’ first motion to reconsider on April 29, 2005.

To the extent the motion is construed as a motion to reopen, the regulations state that a motion to reopen removal proceedings must be filed no later than ninety days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened. See 8 C.F.R. § 1003.2 (c)(2). A review of the administrative record demonstrates that the BIA did not abuse its discretion in denying petitioners’ motion to…