AFAK HAMIS HMIDAN; et. al. 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NOT FOR PUBLICATION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
AFAK HAMIS HMIDAN; et. al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-73586
Agency Nos. A095-877-320
A095-877-321
A095-877-322
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Afak Hamis Hmidan and her children petition pro se for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing their appeal from an
immigration judge’s decision denying their motion to reopen removal proceedings
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review de
FILED
MAR 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-73586 2
novo questions of law. Lin v. Gonzales, 473 F.3d 979, 981 (9th Cir. 2007). We
deny the petition for review.
The BIA correctly determined that 8 C.F.R. § 1003.23(b) barred petitioners’
motion to reopen where petitioners departed the United States while they were still
the subjects of removal proceedings. See id. at 982.
PETITION FOR REVIEW DENIED.

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