Hovik Manukyan v. Eric Holder, Jr.

Good Law
529 F. App'x 860
United States Court of Appeals for the Ninth CircuitJune 20, 201311-73981California245 words

Opinion

Opinion

MEMORANDUM

Hovik Manukyan, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings and to reissue its previous decision. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Manukyan’s motion to reopen as untimely where the motion was filed more than six years after his removal order became final, see 8 C.F.R. § 1003.2 (c)(2), and Manukyan failed to show the due diligence required for equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable tolling is available to a petitioner who is prevented from filing because of deception, fraud or error, and exercised due diligence in discovering such circumstances).

The BIA sufficiently addressed Manuk-yan’s contentions related to the nonattor-ney who assisted him. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir.2010) (the BIA need only “announce its decision in terms sufficient to enable a reviewing court to…

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