ADRIANA NUNEZ V. ERIC HOLDER, JR., No. 11-71910 (9th Cir. 2014)

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FILED MAY 27 2014 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ADRIANA NUNEZ and FABIAN NUNEZ, No. 11-71910 Agency Nos. Petitioners, A070-918-880 A070-918-882 v. ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Adriana Nunez and Fabian Nunez, natives and citizens of Mexico, petition 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, Toufighi v. Mukasey, 538 F.3d * 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). 988, 992 (9th Cir. 2008), and we deny the petition for review. deportation proc The BIA did not abuse its discretion in denying petitioners second motion to reopen as untimely and number-barred because the motion was filed thirteen years after the agency s final deportation order, and petitioners failed to demonstrate that conditions or circumstances for persons with disabilities have worsened in Mexico since their deportation hearing to qualify for the regulatory exception to the limits for filing motions to reopen. See 8 C.F.R. § 1003.2(c)(2),(3); Toufighi, 538 F.3d at 996. Petitioners remaining contentions are unavailing. PETITION FOR REVIEW DENIED. 2 11-71910

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