Araujo-Garcia

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ second motion to reopen and motion to reconsider. We review the denial of a motion to reopen and to reconsider for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002).

The BIA denied petitioners’ appeal on August 24, 2005. Petitioners filed a motion to reopen on March 26, 2007. The BIA denied the motion as untimely. See 8 U.S.C. § 1229a(c)(7) (C) (i); 8 C.F.R. § 1003.2 (c)(2). Petitioners then filed a second motion to reopen and a motion to reconsider on September 10, 2007. The regulations provide, with certain exceptions that do not apply to this case, that “a party may file only one motion to reopen ... and that motion must be filed no later than 90 days after the date on which the final administrative decision was rendered....” See 8 C.F.R. § 1003.2 (c)(2). Therefore, the BIA did not abuse its discretion in denying petitioners’ second motion to reopen as numerically barred and time barred. See id.; see also 8 U.S.C. § 1229a(c)(7)(C)(i); Iturribarria v. INS, 321 F.3d 889, 895-96 (9th Cir.2003).

The regulations further provide that a…