Sanchez

MEMORANDUM **

Petitioners petition for review from the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ second motion to reopen removal proceedings. We review the denial of a motion to reopen for abuse of discretion. See Hamoui v. Ashcroft, 389 F.3d 821, 826 (9th Cir.2004); Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002).

Following the BIA’s denial of petitioners’ appeal and the BIA’s subsequent denial of petitioners’ motion to reopen and to reconsider, petitioners then filed this motion to reopen to apply for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

The regulations provide 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). Changed circumstances in petitioners’ country of origin, however, may justify the late filing of a motion to reopen to file a claim for asylum, withholding of removal, or CAT relief. See 8 U.S.C. § 1229a(c)(7)(C)(ii).

The BIA properly found that the evidence submitted by petitioners, a declaration by one petitioner that…