Anjela Sedrak Hakobyan 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).
JT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANJELA SEDRAK HAKOBYAN,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-72663
Agency No. A075-656-811
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.
Anjela Sedrak Hakobyan, a native and citizen of Armenia, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her motion to reopen removal proceedings
FILED
FEB 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JT/Research 07-72663 2
based on ineffective assistance of counsel. We have jurisdiction pursuant to
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
reopen and de novo claims of due process violations in immigration proceedings.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the
petition for review.
The agency did not abuse its discretion in denying Hakobyan’s motion to
reopen as untimely because the motion was filed more than 6 years after the
issuance of the September 10, 1999, in absentia order, see
8 C.F.R. § 1003.23(b)(4)(ii), and the evidence submitted with the motion to reopen
failed to establish Hakobyan acted with the due diligence required to warrant
tolling of the 180-day filing deadline, see Iturribarria v. INS, 321 F.3d 889, 897
(9th Cir. 2003) (equitable tolling is available to petitioner who is prevented from
filing due to deception, fraud or error, and exercises due diligence in discovering
such circumstances).
Hakobyan’s remaining contentions lack merit.
PETITION FOR REVIEW DENIED.

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