Gonzalez

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) January 28, 2008 order denying petitioners’ motion to reopen as time and number barred.

We review the BIA’s ruling on a motion to reopen for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

An alien who is subject to a final order of removal is limited to filing one motion to reopen removal proceedings, and that motion must be filed within 90 days of the date of entry of a final order of removal. 8 U.S.C. § 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2 (c)(2). Because petitioners’ second motion to reopen was filed beyond the 90-day deadline, the BIA did not abuse its discretion in denying petitioners’ motion to reopen as time and number barred. See id.

In addition, the BIA did not abuse its discretion in finding that petitioners did not demonstrate a material change in country conditions such as would except the motion from the time and number requirements of the regulations. See 8 C.F.R. § 1003.2 (c)(3)(ii). Our review of the record reflects that petitioners failed to argue or to establish that the conditions cited in their motion have resulted from a material change…