Benjamin Perez-Lopez; v. ERIC H. HOLDER Jr., Attorney General

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).
SS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BENJAMIN PEREZ-LOPEZ; et al.,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-74492
Agency Nos. A096-361-925
A096-361-926
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Benjamin Perez-Lopez and Fabiola Perez, natives and citizens of Mexico,
petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen proceedings to apply for protection under the
FILED
FEB 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reopen, He v.
Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007), and we deny the petition for
review.
The BIA did not abuse its discretion in denying Petitioners’ motion to
reopen as untimely because Petitioners filed it more than ninety days after the final
order of removal. See 8 U.S.C. § 1229a(c)(7)(C)(i). The exception to the time
limit based on changed country conditions does not apply because Petitioners did
not present material evidence of changed country conditions that was not available
and could not have been presented at the previous proceeding. See 8 C.F.R.
§ 1003.2(c)(3)(ii); He, 501 F.3d at 1132-33. Moreover, Petitioners failed to
include the appropriate application along with their request to apply for CAT relief.
See 8 C.F.R. § 1003.2(c)(1).
PETITION FOR REVIEW DENIED.

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