Chopuryan

Chopuryan v. Gonzales

Good Law
205 F. App'x 523
United States Court of Appeals for the Ninth CircuitNovember 9, 2006No. 05-70571California284 words

Opinion

Lead Opinion

MEMORANDUM **

Karen Chopuryan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the deni *525 al of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Chopuryan’s motion to reopen because it considered the record and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening the proceedings given the agency’s adverse credibility determination. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (the BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational, or contrary to law”).

To the extent Chopuryan seeks review of the BIA’s underlying order affirming an immigration judge’s decision denying Chopuryan’s applications for asylum, withholding of removal, and protection under the CAT, we lack jurisdiction because the instant petition for review is not timely as…

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