Vardan Karapetyan v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION SEP 30 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VARDAN KARAPETYAN; No. 08-75153
PAYTSAR HOVAKIMYAN,
Agency Nos. A079-276-882
Petitioners, A079-276-883
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Vardan Karapetyan and Paytsar Hovakimyan, natives of the former Soviet
Union and citizens of Armenia, petition for review of the Board of Immigration
Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion, He v.
*
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).
Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007), and we deny the petition for
review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen as untimely where it was filed over four years after the BIA’s final order,
see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to establish changed
circumstances in Armenia to qualify for the regulatory exception to the time
limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see Toufighi v. Mukasey, 538 F.3d 988,
996 (9th Cir. 2008) (evidence must demonstrate prima facie eligibility for relief in
order to reopen proceedings based on changed country conditions).
We reject petitioners’ contention that the BIA did not adequately consider
the issues raised in the motion. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th
Cir. 2010).
PETITION FOR REVIEW DENIED.
2 08-75153