Atoyan

Atoyan v. Ashcroft

Good Law
80 F. App'x 581
United States Court of Appeals for the Ninth CircuitNovember 4, 2003No. 02-72510California451 words

Opinion

Lead Opinion

MEMORANDUM ***

Sona Rapick Atoyan, a native and citizen of Armenia, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying her motion to reopen deportation proceedings on the ground that the motion was untimely. We have jurisdiction pursuant to the former 8 U.S.C. § 1105a, as amended by the transitional rules, § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009, as amended by Act of Oct. 11, 1996, Pub.L. 104-302, 110 Stat. 3656 (1996), and we deny the petition.

The BIA’s denial of a motion to reopen is reviewed for an abuse of discretion. Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir.2001) (en banc). Under this standard, the BIA’s ruling on a motion to reopen will not be disturbed “[u]nless the BIA acted ‘arbitrarily, irrationally, or con *582 trary to law.’ ” Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). The BIA’s determination of legal issues are reviewed de novo. Socop-Gonzalez, 272 F.3d at 1187 . Under the substantial evidence standard, BIA’s factual findings are conclusive unless a reasonable factfinder would be compelled to reach the opposite conclusion. Ghaly…

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