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HE v. GONZALES

No. 05-74930.

501 F.3d 1128 (2007)

Chang Hua HE; Xin Qin He, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2007.

Attorney(s) appearing for the Case

Jisheng Li, Honolulu, HI, for the petitioners.

Margaret K. Taylor, Washington, D.C., for the respondent.

Before: DAVID R. THOMPSON, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge:

Chang Hua He and Xin Qin He ("Mr. He" and "Mrs. He," respectively) petition for review of a Board of Immigration Appeals ("BIA") denial of their second motion to reopen their immigration proceedings. The BIA concluded that the Hes' motion did not fall within any exception to the regulatory bar against motions to reopen that are untimely or successive. Because the birth of two of the Hes' children in the United States cannot establish changed...

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