Gabriel Minasyan v. Eric Holder, Jr.

Good Law
535 F. App'x 580
United States Court of Appeals for the Ninth CircuitJuly 31, 201311-70743California221 words

Opinion

Opinion

MEMORANDUM

Gabriel Minasyan, Hasmik Minassian, and Hakob Minasyan, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) March 15, 2011, order denying their motion to reconsider and/or reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion denials of motions to reconsider and motions to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

In their motion to the BIA, petitioners argued the BIA erred previously by not considering all the evidence they submitted. The BIA did not abuse its discretion in denying petitioners’ motion to reconsider where the motion did not establish any error of fact or law in the BIA’s prior order. See 8 C.F.R. § 1003.2 (b)(1).

We lack jurisdiction to address petitioners’ contentions related to the BIA’s 2010 decision denying their prior motion to reopen because the petition for review is untimely as to that order. See 8 U.S.C. § 1252 (b)(1); Singh v. Mukasey, 533 F.3d 1103, 1110 (9th Cir.2008) (an untimely petition for review must be dismissed for lack of jurisdiction).

PETITION FOR REVIEW DENIED in…

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