Jimenez

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioners’ appeal of the Immigration Judge’s (“IJ”) denial of their applications for cancellation of removal for lack of a qualifying relative and the BIA’s denial of their two motions to reopen filed during the pendency of the appeal with the BIA.

A review of the administrative record demonstrates that petitioners have presented no evidence that petitioners have a qualifying relative for purposes of cancellation of removal as defined in 8 U.S.C. § 1229b(b)(l)(D). See Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002). The BIA therefore correctly concluded that, as a matter of law, petitioners were ineligible for cancellation of removal.

We review the BIA’s denial of a motion to reopen for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). To the extent petitioners challenge the BIA’s denial of their first motion to reopen for protection under the Convention Against Torture, the BIA did not abuse its discretion. Petitioners have not met their burden of presenting a prima facie case for reopening because the first motion to reopen does…