Suren Hovanesyan v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION APR 26 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SUREN HOVANESYAN, No. 09-71078
Petitioner, Agency No. A097-124-319
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Suren Hovanesyan, a native and citizen of Armenia, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen. 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 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).
reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we deny the
petition for review.
The agency acted within its discretion in denying as untimely Hovanesyan’s
motion to reopen because it was filed more than three years after the final removal
order, see 8 C.F.R. § 1003.23(b)(1), and Hovanesyan did not show that he acted
with the due diligence required for equitable tolling of the filing deadline, see
Singh, 491 F.3d at 1096-97.
Hovanesyan’s request for oral argument is denied.
PETITION FOR REVIEW DENIED.
2 09-71078