FILED
NOT FOR PUBLICATION MAR 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AVETIS BAGHRAMYAN, No. 08-72296
Petitioner, Agency No. A098-442-049
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Avetis Baghramyan, a native of Iran and citizen of Armenia, petitions for
review of the Board of Immigration Appeals’ order denying his motion to reopen
proceedings. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition
for review.
*
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).
In his opening brief Baghramyan fails to address, and therefore has waived
any challenge to, the BIA’s determination that his motion to reopen was both time-
and number-barred, and that he failed to establish the due diligence necessary for
tolling of those bars. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th
Cir. 1996) (issues that are not raised and argued in a party’s opening brief are
waived); Bazuaye v. INS, 79 F.3d 118, 120 (9th Cir. 1996) (“Issues raised for the
first time in the reply brief are waived.”).
As the timeliness issue is dispositive, we need not reach Baghramyan’s other
contentions.
PETITION FOR REVIEW DENIED.
2 08-72296