Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A074-824-521, A074-824-520.
For IVIN AMARILDO NAVARRO GUZMAN, DILBIA ARCELY DE NAVARRO PEREZ, Petitioners: Sean Young, Attorney, Sean P. Young Law, Layton, UT.
For ERIC H. HOLDER, Jr., Attorney General, Respondent: Marshall Tamor Golding, Esquire, Attorney, OIL, U.S. DEPARTMENT OF JUSTICE, Civil Division/Office of Immigration Litigation, Washington, DC; Chief Counsel ICE, OFFICE OF THE CHIEF COUNSEL, Department of Homeland Security, San Francisco, CA.
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Ivin Amarildo Navarro Guzman and Dilbia Arcely De Navarro Perez, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals' (" BIA" ) order denying their motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA's denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners' motion to reopen as untimely where the motion was filed more than eleven years after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and the BIA considered the record and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie eligibility for relief from deportation. See INS v. Abudu, 485 U.S. 94, 104, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1172 (9th Cir. 2006) (" vague and conclusory allegations" insufficient to establish prima facie eligibility).
PETITION FOR REVIEW DENIED.