Sayyed Saeed Taghipour v. Ashcroft

MEMORANDUM **

Sayyad Saeed Taghipour, a native and citizen of Iran, petitions for review of the decision by the Board of Immigration Appeals (“BIA”) denying his motion to reopen. We find that the BIA’s decision is not an abuse of its discretion and DENY the petition for review.

Motions to reopen are governed by 8 U.S.C. § 1229a(c)(6). This court reviews the BIA’s denial of a motion to reopen for abuse of discretion, regardless of the underlying relief requested. Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996). In making this determination, we review the BIA’s determination of purely legal questions de novo. Id. We review the BIA’s factual findings to see if substantial evidence supports those findings. Id. The BIA is deemed to have abused its discretion if it incorrectly applies the law or if there is not substantial evidence to support its factual findings.

I. Untimeliness of the Motion to Reopen

In general, a motion to reopen must be filed within ninety days after a final decision is rendered. 8 U.S.C. § 1229a(c)(6)(C)(i). The Board’s original decision in this case was duly sent to petitioner’s attorney of record on file with the BIA on May 1, 2001. The motion to reopen was…