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Tomas Rivas OROZCO; Esther Rivas, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-04-26No. No. 08-74358
428 F. App'x 787

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Opinion

majority opinion

MEMORANDUM

Tomas Rivas Orozco and Esther Rivas, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying petitioners’ motion to reopen. With respect to cancellation of removal, the BIA considered the evidence petitioners submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational or contrary to law.”). With respect to relief under the Convention Against Torture (“CAT”), petitioners failed to establish prima facie eligibility for CAT protection. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir.2010).

To the extent it is raised, we lack jurisdiction to review petitioners’ hardship contention relating to the BIA’s February 26, 2008, order because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

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.