Alberto Castro FIERRO and Carolina Castro, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 396 F. App'x 345

MEMORANDUM 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 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. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.