Tovmasyan

MEMORANDUM ***

In these consolidated appeals, Aghasi Khachik Tovmasyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeal’s (BIA) denials of his motion to reopen his immigration proceedings (No. 05-74718) and subsequent motion to reconsider (No. 05-75928). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, see Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004), we grant the petition for review in No. 05-74718 and remand for further proceedings. We deny the petition for review in No. 05-75928.

The BIA did not abuse its discretion when it denied Tovmasyan’s motion to reopen based on ineffective assistance of counsel. A motion to reopen must be filed within ninety days of the final administrative decision. See id.; 8 U.S.C. § 1229a(c)(7)(C)(i). Although Tovmasyan concluded that “it was clear for me that my attorney had done everything to worsen my situation and did nothing to provide me with adequate representation” in October or November of 2004, he did not file the motion to reopen until April 8, 2005, five months after he admits he was alerted to ineffective assistance and more than two-and-a-half years…