Aznavouryan

Aznavouryan v. Gonzales

Good Law
168 F. App'x 198
United States Court of Appeals for the Ninth CircuitFebruary 21, 2006No. 04-74318California298 words

Opinion

Lead Opinion

MEMORANDUM **

Narine Aznavouryan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider the BIA’s order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo constitutional claims, Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005), and review for abuse of discretion the denial of a motion to reconsider, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion when it denied reconsideration because petitioner did not show any error of fact or law. See 8 C.F.R. § 1003.2 (b)(1). Aznavouryan’s most recent motion to reopen, filed on March 24, 2004, was number-barred and no exceptions applied. See 8 C.F.R. § 1003.2 (c)(2), (3). By filing successive motions to reopen petitioner protracted immigration proceedings for nine years. It was to proscribe this type of conduct that Congress instructed the agency to issue regulations limiting the number of motions to reopen and reconsider. See Stone v. INS, 514 U.S. 386, 400 , 115…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.