Diaz

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ second motion to reopen. 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).

The BIA denied petitioners’ appeal on August 7, 2006. Petitioners filed a motion to reopen which was denied by the BIA on November 27, 2006. Petitioners appealed the BIA’s denial of the motion to reopen to this court, which appeal was dismissed on May 15, 2007. Petitioners then filed a second motion to reopen on October 26, 2007. The BIA denied the second motion to reopen on December 20, 2007. This petition followed.

The regulations provide, with certain exceptions 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 Convention Against Torture (“CAT”) relief. See 8 U.S.C.…