Hayrapetyan

Hayrapetyan v. Mukasey

Good Law
280 F. App'x 630
United States Court of Appeals for the Ninth CircuitMay 28, 2008No. 05-77204California320 words

Opinion

Lead Opinion

MEMORANDUM **

Erik Hayrapetyan, a native and citizen of Armenia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his motion to reconsider its order affirming an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion, see Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and deny the petition for review.

The BIA did not abuse its discretion when it denied reconsideration because Hayrapetyan’s motion merely disagreed with the BIA’s prior decision and did not specify errors of law or fact as required by 8 U.S.C. § 1229a(c)(6)(C) (“The motion [to reconsider] shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority.”). Further, the BIA did not abuse its discretion when it also construed the motion as a motion to reopen, see Mohammed v. Gonzales, 400 F.3d 785, 793 (9th Cir.2005), and concluded that Hayrapetyan did not put forth evidence of changed circumstances, see 8 C.F.R. § 1003.2 (c)(3)(ii) (permitting a motion to…

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