Mamikon Meliksetyan v. Loretta E. Lynch

Good Law
609 F. App'x 444
United States Court of Appeals for the Ninth CircuitJuly 1, 201512-71987California315 words

Opinion

Opinion

MEMORANDUM

Mamikon Meliksetyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reconsider and motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of motions to reopen and reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Meliksetyan’s motion to reconsider, because Meliksetyan failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2 (b)(1). Further, we reject Meliksetyan’s contentions that the BIA failed to adequately review the evidence, see Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir. 2010) (BIA adequately considered evidence and sufficiently announced its decision). We lack jurisdiction to consider Melikse-tyan’s contentions regarding the agency’s adverse credibility determination, because he did not raise them to the agency in the motion to reconsider. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004) (no jurisdiction over legal claims…

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