FILED
NOT FOR PUBLICATION OCT 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARSEN VARDANYAN, No. 08-74953
Petitioner, Agency No. A079-604-957
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Arsen Vardanyan, a native and citizen of Armenia, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings based on ineffective assistance of counsel. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We
deny the petition for review.
The BIA did not abuse its discretion in denying Vardanyan’s motion to
reopen because the motion was filed more than three years after the BIA’s
September 2, 2004, order, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must
generally be filed within 90 days of the final order), and Vardanyan failed to
establish that he acted with the due diligence required for equitable tolling, see
Iturribarria, 321 F.3d at 897 (deadline can be equitably tolled “when a petitioner is
prevented from filing because of deception, fraud, or error, as long as the petitioner
acts with due diligence”).
PETITION FOR REVIEW DENIED.
2 08-74953