Ashot Mayilyan v. Eric Holder, Jr.

MEMORANDUM

Ashot Mayilyan, Satik Alikhanyan, Ta-tevik Mayilyan, and Astighik Mayilyan, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We dismiss in part and grant in part the petition for review, and we remand.

With respect to Tatevik (A096-342-850), the BIA reopened and terminated removal proceedings for consideration of her application for adjustment of status. Consequently, there is no final order of removal in effect for Tatevik and the court lacks jurisdiction over the petition for review as to her. See 8 U.S.C. § 1252 (a)(1); Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir.2002) (order) (dismissing, without prejudice, for lack of jurisdiction). Accordingly, we dismiss the petition as to Tatevik.

With respect to Astighik, in finding her asylum application was untimely-filed, the agency failed to consider whether her…