Melik-Karamov

MEMORANDUM **

Gohar Melik-Karamov (“Melik”), a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from the Immigration Judge’s denial of her motion to re-open deportation proceedings. We have jurisdiction, 8 U.S.C. § 1105a(a)(2), 1 review for abuse of discretion, Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996), and deny the petition. Because the parties are familiar with the facts, we only discuss those relevant to our analysis.

Melik’s hearing concluded in October 1998. She filed her motion to reopen in June 2000, well beyond the 90 day time period specified by 8 C.F.R. § 3.23 (b)(1). Melik’s attempt to rely on an exception to the 90 day time period provided for in 8 C.F.R. § 3.23 (b)(4) was properly rejected because she failed to produce evidence not previously available to demonstrate that conditions in Armenia had materially changed. Melik’s argument that ineffective assistance of counsel equitably tolls the 90 day time period fails because she did not raise this argument before BIA. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1183 (9th Cir.2001) (en banc) (“The INS is correct that if Socop failed to exhaust…