Khachikian

Khachikian v. Gonzales

Good Law
128 F. App'x 563
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 03-72987California387 words

Opinion

Lead Opinion

MEMORANDUM ***

Zhilbert Khachikian and his family, natives and citizens of Iran, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir.2002), and will reverse the BIA’s decision only if it is “arbitrary, irrational, or contrary to law,” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), cert. denied, 539 U.S. 941 , 123 *564 S.Ct. 2605 , 156 L.Ed.2d 626 (2008). We deny the petition for review.

On July 22, 2008, the BIA denied the petitioners’ motion to reopen. The petitioners timely filed a petition for review with this Court on August 20, 2003. The petitioners also filed a motion with the BIA to reconsider its denial of the motion to reopen, which the BIA denied on October 2, 2003. Because the petitioners only petitioned for review of the BIA’s July 22, 2003 order, this Court cannot consider the BIA’s subsequent denial of their motion to reconsider or the BIA’s prior dismissal of their appeal from the immigration judge’s underlying decision…

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