Testo completo
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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KAREN KARAPETIAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72907
Agency No. A070-552-425
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Karen Karapetian, a native and citizen of Armenia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen,
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS
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08-72907 2
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for
review.
The BIA did not abuse its discretion in denying Karapetian’s motion to
reopen as untimely where he filed the motion more than two and a half years after
the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and failed to establish the
due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897.
PETITION FOR REVIEW DENIED.
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