Filed: May 27, 2014
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION MAY 27 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ADRIANA NUNEZ and FABIAN No. 11-71910 NUNEZ, Agency Nos. A070-918-880 Petitioners, A070-918-882 v. ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Adriana Nunez and Fabian Nunez, natives and citizens of
Summary: FILED NOT FOR PUBLICATION MAY 27 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ADRIANA NUNEZ and FABIAN No. 11-71910 NUNEZ, Agency Nos. A070-918-880 Petitioners, A070-918-882 v. ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Adriana Nunez and Fabian Nunez, natives and citizens of M..
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FILED
NOT FOR PUBLICATION MAY 27 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADRIANA NUNEZ and FABIAN No. 11-71910
NUNEZ,
Agency Nos. A070-918-880
Petitioners, A070-918-882
v.
ERIC H. HOLDER, Jr., Attorney General,
MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Adriana Nunez and Fabian Nunez, natives and citizens of Mexico, petition
for review of the Board of Immigration Appeals’ (“BIA”) order denying their
motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for
abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
988, 992 (9th Cir. 2008), and we deny the petition for review. deportation proc
The BIA did not abuse its discretion in denying petitioners’ second motion
to reopen as untimely and number-barred because the motion was filed thirteen
years after the agency’s final deportation order, and petitioners failed to
demonstrate that conditions or circumstances for persons with disabilities have
worsened in Mexico since their deportation hearing to qualify for the regulatory
exception to the limits for filing motions to reopen. See 8 C.F.R.
§ 1003.2(c)(2),(3);
Toufighi, 538 F.3d at 996.
Petitioners’ remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 11-71910