ALBERTO CASTRO FIERRO and CAROLINA CASTRO 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALBERTO CASTRO FIERRO and
CAROLINA CASTRO,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72517
Agency Nos. A075-697-365
A075-697-366
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Alberto Castro Fierro and Carolina Castro, natives and citizens of Mexico,
petition pro se for review of the decision of the Board of Immigration Appeals
denying their third motion to reopen, challenging the denial of their underlying
FILED
SEP 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-72517 2
cancellation of removal application, and seeking to apply for asylum, withholding
of removal, and relief under the Convention Against Torture.
Petitioners contend that country conditions have changed in Mexico thereby
excusing the time and numerical bars to reopening their asylum and withholding of
removal claims; and that they will be persecuted because they will be perceived as
wealthy and potential kidnapping victims because they are Mexicans returning
from the United States, thereby entitling them to asylum and relief. Petitioners
failed to establish changed country conditions in Mexico that are material to
petitioners and their circumstances. See 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v.
Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008). In addition, petitioners failed to
establish that they qualify as a cognizable social group, and therefore did not
demonstrate prima facie eligibility for the asylum, and withholding relief
requested. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010)
(rejecting as a particular social group “returning Mexicans from the United
States”).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --