Gambarian
Gambarian v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Anait Gambarian, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of a motion to reopen her proceedings, in which she requested asylum, withholding of deportation, and relief under the Convention Against Torture. We have partial jurisdiction pursuant to former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We dismiss the petition for review in part, and deny it in part.
We lack jurisdiction to review the BIA’s decision not to exercise its sua sponte authority to reopen Gambarian’s proceedings. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).
This court previously denied a petition for review by Gambarian concerning her initial requests for relief. See Gambarian v. Ashcroft, 101 Fed. Appx. 732 (9th Cir. June 15, 2004). Gambarian’s motion to reopen contends, without specification, that “country conditions in Armenia [have] been deteriorating as per [an attached] country report.”
After reviewing the relevant State Department report, we conclude that the BIA acted within its discretion in denying Gambarian’s motion to reopen with respect to allegedly changed circumstances in…