Zakaryan

Zakaryan v. Holder

Good Law
371 F. App'x 866
United States Court of Appeals for the Ninth CircuitMarch 25, 2010Nos. 07-72690, 07-73438California266 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Nektar Zakaryan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing without opinion her appeal from an immigration judge’s (“IJ”) decision denying her motion to reopen proceedings conducted in absentia and the BIA order denying her motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen and to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and review de novo questions of law, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petitions for review.

The IJ did not abuse her discretion in denying Zakaryan’s motion to reopen because written notice of the hearing was mailed to her counsel of record, see 8 U.S.C. §§ 1229 (a)(2), 1229a(b)(5)(A),(C), and the evidence submitted with the motion to reopen failed to establish Zakaryan acted with the due diligence required to warrant tolling of the 180-day filing deadline, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003) (equitable tolling is available to petitioner who is prevented from filing due to…

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