Aregnaz Azatyan v. Eric Holder, Jr. , 522 F. App'x 383 ( 2013 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 10 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
AREGNAZ AZATYAN, No. 09-72960
Petitioner, Agency No. A097-384-532
v.
MEMORANDUM*
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 4, 2013**
Pasadena, California
Before: THOMAS, SILVERMAN and FISHER, Circuit Judges.
Aregnaz Azatyan, a native and citizen of Armenia, petitions for review of
the Board of Immigration Appeals’ (BIA) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d
889, 894 (9th Cir. 2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying Azatyan’s motion to reopen
because it was her third motion to reopen and it was filed more than three years
after the BIA’s November 23, 2005, final order of removal. See 8 C.F.R.
§ 1003.2(c)(2).
The BIA also did not abuse its discretion in denying Azatyan’s motion to
reopen on the ground that Azatyan failed to present material and previously
unavailable evidence of changed circumstances to qualify for the regulatory
exception to the filing deadline. See 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v.
Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (underlying adverse credibility
determination rendered evidence of changed circumstances immaterial).
PETITION FOR REVIEW DENIED.
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