Karine Israelyan v. ERIC H. HOLDER Jr., Attorney General

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).
LR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KARINE ISRAELYAN,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-72333
Agency No. A075-663-550
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Karine Israelyan, a native and citizen of Armenia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We
have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion
FILED
FEB 23 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

LR/Research 07-72333 2
the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir.
2007), and we deny the petition for review.
The BIA acted within its discretion in denying as untimely Israelyan’s
motion to reopen because it was filed more than 90 days after the BIA’s final
removal order, see 8 C.F.R. §1003.2(c)(2), and Israelyan did not show that she
acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at
1096-97.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --