Nshan Zadelyan v. Eric H. Holder Jr.

MEMORANDUM

Nshan Zadelyan, his wife Azniv, and their two sons Karapet and Ruben, natives of Armenia, petition for review of an order by the Board of Immigration Appeals (BIA) denying their motion to reopen. We review the denial of a motion to reopen for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We have jurisdiction over this matter pursuant to 8 U.S.C. § 1252 . The facts of this case are known to the parties. We need not repeat them here.

We lack jurisdiction to review the BIA’s June 29, 2006 order denying the Zadelyans’ asylum, withholding of removal, and Convention Against Torture claims. Petitioners failed to seek timely review; the “time limit is mandatory and jurisdictional, and cannot be tolled.” Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

The BIA did not abuse its discretion in denying Petitioners’ untimely motion to reopen. Petitioners failed to prove that either changed country conditions, see Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004), or ineffective assistance of counsel, see Iturribarria v. INS, 321 F.3d 889, 898 (9th Cir.2003), should excuse their tardiness.

Appellants’ argument that we did not previously rule on the…