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07-72387•Juan Pina Colin; Amelia Hernandez Sanchez v. ERIC H. HOLDER Jr., Attorney General
07-72387Court of Appeals for the Ninth CircuitDec 7, 2009
This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
JTK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN PINA COLIN; AMELIA
HERNANDEZ SANCHEZ,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-72387
Agency Nos. A070-194-444
A070-203-363
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Juan Pina Colin and Amelia Hernandez Sanchez, husband and wife and
natives and citizens of Mexico, petition for review of the Board of Immigration
Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction
FILED
DEC 07 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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JTK/Research 07-72387 2
pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a
motion to reopen, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we
deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion as
untimely because it was filed over 90 days after the BIA’s February 8, 2006, order
dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and petitioners
failed to demonstrate that they qualified for any of the regulatory exceptions to the
time limit on filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(i)-(iv).
PETITION FOR REVIEW DENIED.
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