Artashes Petrosyan v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARTASHES PETROSYAN,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 17-73459
Agency No. A099-445-924
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 19, 2019**
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
Artashes Petrosyan, 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 review for
abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597
* 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
FEB 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 17-73459
F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Petrosyan’s untimely motion
to reopen where Petrosyan failed to establish prima facie eligibility for asylum,
withholding of removal, or relief under the Convention Against Torture, see 8
C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 986 (the BIA can deny a
motion to reopen for failure to establish prima facie eligibility for the relief
sought).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --