Zhenya Sipoyan v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZHENYA SIPOYAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73117
Agency No. A098-515-923
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Zhenya Sipoyan, a native and citizen of Armenia, petitions pro se for review
of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
DEC 2 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400
F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Sipoyan’s motion to reopen
for lack of prejudice, where Sipoyan concedes that she was ineligible for
adjustment of status at the time of her hearing. See id. at 793-94 (prejudice results
when counsel’s performance was so inadequate that it may have affected the
outcome of the proceedings). Therefore, we need not address Sipoyan’s contention
that she was entitled to equitable tolling of the filing limitations applicable to her
motion.
PETITION FOR REVIEW DENIED.
10-73117 2

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