Opinion
No. 05-76652.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed June 14, 2007.
Philippe Dwelshauvers, Esq., Fresno, CA, for Petitioners.
Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, Steven J. Saltiel, Esq., USSF — Office of the U.S. Attorney, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A96-135-327, A96-135-328.
Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Servando Cruz-Camacho and Maria de Jesus Mora petition for review of the BIA's denial of their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252(a), and we deny the petition. The BIA correctly denied the motion as untimely, and certainly did not abuse its discretion by doing so. See 8 C.F.R. § 1003.2 (providing time limit); Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir. 2004) (reciting the standard of review). Petitioners have not asserted, much less established, eligibility for equitable tolling. See Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir. 2003).