Opinion
No. 06-72745.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed January 20, 2010.
Reveca Flores, Martin Flores Ramirez, Los Angeles, CA, for Petitioners.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A079-533-981, A079-533-980.
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reveca Flores and Martin Flores Ramirez, natives and citizens of Mexico, petition pro se 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, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners' motion to reopen to apply for relief under the Convention Against Torture ("CAT") as untimely because they did not file the motion within 90 days of the BIA's final order of removal, see 8 C.F.R. § 1003.2(c)(2), petitioners failed to demonstrate material changed circumstances in Mexico to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii), and they did not establish prima facie eligibility for relief, see Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (requiring movant to establish prima facie eligibility for relief).
We reject petitioners' contention that there are no time limits for filing a motion to reopen to apply for CAT relief. See 8 C.F.R. § 1003.2(c)(2).