Albert Melikian v. Loretta E. Lynch

MEMORANDUM

Albert Melikian, a native of Iran and citizen of Armenia, his wife Narine Ter-Barseghyan, a native and citizen of Armenia, and their children, Arpi Melikyan and Arman Melikyan, natives and citizens of Armenia, seek review of two final orders of the Board of Immigration Appeals (“BIA”). The first order dismissed petitioners’ appeal from the Immigration Judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) on the ground that petitioners had not provided a credible account of persecution and finding that petitioners had filed frivolous asylum applications. The second order denied petitioners’ motion to reopen the administrative proceedings. We have jurisdiction under 8 U.S.C. § 1252 and deny both petitions.

1. The agency did not abuse its discretion in denying petitioners’ motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). Petitioners concede that their motion was untimely but argue that the BIA should have applied equitable tolling to extend the limitations period based on their claim of ineffective assistance of counsel. Equitable tolling may be…