Sanchez Saurez v. Holder

357 F. App'x 899

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 11, 2010
• Docket: 07-70499
• Status: Unpublished

Opinion

MEMORANDUM **

Carlos Llamas Panduro and Belen Llamas, natives and citizen of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Iturri-barria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen because they failed to set forth any new facts or present any new evidence to demonstrate the requisite physical presence. See 8 C.F.R. § 1003.2(c)(1) (providing that a motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits or other evidentiary material”).

We do not consider petitioners’ contention regarding hardship, because their failure to establish continuous physical presence is dispositive. See 8 U.S.C. § 1229b(b)(l)(A).

To the extent petitioners challenge the BIA’s January 19, 2007, order, we lack jurisdiction to review it because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

Petitioners’ remaining contentions are unavailing.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.