Gasoumian

MEMORANDUM **

Petitioners Natella Gasoumian and Laura Gasoumian, citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) decision denying their motion to reopen their deportation proceedings. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), this Court has jurisdiction under 8 U.S.C. § 1105a(a) (1995). This Court reviews the BIA’s denial of a motion to reopen for an abuse of discretion. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We dismiss in part, and deny in part the petition for review.

This Court lacks jurisdiction to review the BIA’s May 2, 1997 decision because the petition for review was not timely filed. See Narayan v. INS, 105 F.3d 1335 (9th Cir.1997) (order). However, because the BIA’s January 13, 2003 order denying Petitioners’ motion to reopen was timely appealed, this Court has jurisdiction to review that decision. See id.

The BIA did not abuse its discretion in denying Petitioners’ motion to reopen as untimely, as it was filed many years past the 90-day deadline. See 8 C.F.R. § 3.2 (c)(2) (2002). Although this 90-day period may be equitably tolled by a showing of fraudulent or…