Arsen Abrahamyan v. Eric H. Holder Jr.

MEMORANDUM

Arsen Abrahamyan, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motion to reopen removal proceedings, (No. 08-74648), and denying his motion to reconsider, (No. 09-71541). We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion the BIA’s denial of a motion to reopen and of a motion to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We review de novo due process claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny both petitions for review.

The BIA did not abuse its discretion in denying Abrahamyan’s motion to reopen as untimely where the motion was filed over five years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), Abrahamyan failed to present sufficient evidence of ineffective assistance of counsel to warrant equitable tolling of the deadline, see Hamoui v. Ashcroft, 389 F.3d 821, 826 (9th Cir.2004) (ineffective assistance of counsel may toll the filing deadline for a motion to reopen if it amounts to a due process violation), and he also failed to present sufficient evidence of changed circumstances in Armenia…