Marineh Karapetian v. Eric Holder, Jr. , 507 F. App'x 750 ( 2013 )

FILED
NOT FOR PUBLICATION FEB 13 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARINEH KARAPETIAN; ARMAN No. 11-73309
KARAPETI SOULTANIAN,
Agency Nos. A079-518-081
Petitioners, A079-518-082
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013 **
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Marineh Karapetian and Arman Karapeti Soultanian, natives and citizens of
Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen removal proceedings based on ineffective
*
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).
assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for
abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d
672, 674 (9th Cir. 2011), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen as untimely where they filed the motion seven years after their removal
order became final, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed
within 90 days of final order), and failed to show the due diligence required for
equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable
tolling is available to a petitioner who is prevented from filing because of
deception, fraud or error, and exercised due diligence in discovering such
circumstances).
PETITION FOR REVIEW DENIED.
2 11-73309