Hambardzum Mirzoyan v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HAMBARDZUM MIRZOYAN,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 14-71934
Agency No. A079-467-027
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Hambardzum Mirzoyan, a native and citizen of Armenia, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
* 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).
FILED
APR 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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review for abuse of discretion the denial of a motion to reopen. Salim v. Lynch,
831 F.3d 1133, 1137 (9th Cir. 2016). We deny the petition for review.
The BIA did not abuse its discretion in denying Mirzoyan’s motion to
reopen as untimely, where it was filed nearly ten years after his final administrative
order of removal, and he failed to establish materially changed country conditions
in Armenia to qualify for the regulatory exception to the filing deadline. See 8
C.F.R. § 1003.2(c)(3)(ii); Najmabadi v. Holder, 597 F.3d 983, 987-89 (9th Cir.
2010) (holding that the country reports submitted with the motion to reopen
described conditions similar to those found in the previously provided reports; the
new evidence must be “qualitatively different” to warrant reopening).
PETITION FOR REVIEW DENIED.

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