What is the test for abuse of discretion in denying a motion to reopen a grant of voluntary departure?

MultiRegion, United States of America

The following excerpt is from Velasquez v. Holder, Agency No. A076-366-359, Agency No. A076-366-360, No. 08-74495 (9th Cir. 2010):

review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). 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 three years after the final administrative order was entered in their case, see 8 C.F.R. 1003.2(c)(2), and petitioners failed to demonstrate that they were eligible for equitable tolling of the filing deadline, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir. 2003).

The BIA did not abuse its discretion in denying petitioners' untimely request to withdraw from their grant of voluntary departure. See Dada v. Mukasey, 128 S.Ct. 2307, 2319 (2008).

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