Sasoun Avetisian v. Immigration and Naturalization Service

94 F.3d 650 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sasoun AVETISIAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70408. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 29, 1996. 1 Before: HALL, THOMPSON, AND RYMER, Circuit Judges 2 MEMORANDUM ** 3 Sasoun Avetisian, a citizen of Armenia, petitions for review of a decision of the Board of Immigration Appeals not to reopen his deportation proceedings. We have jurisdiction under 8 U.S.C. § 1105a(a), and stay this petition as described below. 4 The BIA denied Avetisian's motion to reopen because he failed to establish a prima facie case for adjustment of status under 8 U.S.C. § 1255 . See INS v. Abudu, 485 U.S. 94, 104 (1988) (BIA can deny motion to reopen if petitioner fails to establish prima facie case for the substantive relief sought). To make a prima facie case for adjustment of status, Avetisian must demonstrate: "(1) that he has…