Vardan Grigorian v. Loretta E. Lynch ( 2016 )

FILED
NOT FOR PUBLICATION OCT 04 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VARDAN FELIKSOVICH GRIGORIAN, No. 10-72757
AKA Vardan Grigorian,
Agency No. A070-176-182
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN and M. SMITH, Circuit Judges.
Vardan Feliksovich Grigorian, a native and citizen of Armenia, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen based on ineffective assistance of counsel. We have jurisdiction
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
reopen, Avagyan v. Holder, 646 F.3d 672, 678 (9th Cir. 2011), and we deny the
petition for review.
The BIA did not abuse its discretion in denying Grigorian’s motion to
reopen where he filed the motion five years after the BIA issued its final order of
removal, see 8 C.F.R. § 1003.2(c)(2), and failed to demonstrate that he exercised
the due diligence required to obtain equitable tolling of the filing deadline, see
Avagyan, 646 F.3d at 679.
We do not consider documentation attached to the opening brief that was not
part of the administrative record below. See 8 U.S.C. § 1252(b)(4)(A).
In light of our disposition, we do not address Grigorian’s other contentions.
PETITION FOR REVIEW DENIED.
2 10-72757