Gabriel Felix-Fernandez v. Eric Holder, Jr.

MEMORANDUM

Tigran Hovhannisyan, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Hovhannisyan’s motion to reopen where the motion was filed seven months after the BIA’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2) (motion to reopen must be filed within 90 days of a final administrative order), and Hovhannisyan did not establish grounds for equitable tolling of the filing deadline, see Iturribarria, 321 F.3d at 897 (equitable tolling is available “when a petitioner is prevented from filing because of deception, fraud, or error”). In light of our holding, we need not reach the merits of Hovhannisyan’s ineffective assistance of counsel claim.

We lack jurisdiction to consider Hovhan-nisyan’s challenges to the agency’s underlying orders because this…