Nicolas Miranda-Navarrette, et al v. Eric H. Holder Jr., No. 08-74971 (9th Cir. 2010)

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FILED SEP 07 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT NICOLAS MIRANDA-NAVARRETTE; MARIA DE JESUS MIRANDA, No. 08-74971 Agency Nos. A095-878-208 A095-878-209 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 23, 2010 ** Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. Nicolas Miranda-Navarrette and Maria De Jesus Miranda, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the * 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). denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review. The BIA did not abuse its discretion in denying petitioners second motion to reopen as untimely and number-barred because they previously filed a motion to reopen, see 8 C.F.R. § 1003.2(c)(2), the second motion was filed more than 90 days after the final order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i), and petitioners failed to present evidence of changed country conditions in Mexico that were particular to petitioners and their circumstances. See 8 C.F.R. § 1003.2(c)(3)(ii); see also Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (per curiam). PETITION FOR REVIEW DENIED. 2 08-74971

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