JOSE LUIS CORREA RODRIGUEZ and FIDELA MARIA MARTINEZ 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NOT FOR PUBLICATION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
JOSE LUIS CORREA RODRIGUEZ and
FIDELA MARIA MARTINEZ,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72506
Agency Nos. A097-361-223
A097-361-224
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Jose Luis Correa Rodriguez and Fidela Maria Martinez, natives and citizens
of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen removal proceedings. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to
FILED
MAY 17 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-72506 2
reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny the
petition for review.
The BIA did not abuse its discretion in denying petitioners’ third motion to
reopen as untimely and number-barred, where the motion was filed more than five
years after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and petitioners
failed to establish prima facie eligibility for asylum, withholding of removal, or
relief under the Convention Against Torture to qualify for an exception to the filing
limitations based on changed country conditions, see 8 C.F.R. § 1003.2(c)(3)(ii);
Toufighi, 538 F.3d at 996.
Contrary to petitioners’ contention, the BIA’s decision was adequate. See
Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (the BIA need not “write
an exegesis on every contention”) (internal quotations and citation omitted).
Petitioners’ remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.

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