NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 15 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
MARINE AVETISIAN, No. 07-72462
Petitioner, Agency No. A079-369-862
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.
Marine Avetisian, a citizen of both Romania and Armenia, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing for abuse 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).
discretion the denial of 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 Avetisian’s motion to
reopen as time- and number-barred because the successive motion was filed more
than three years after the BIA’s December 24, 2003, order dismissing the
underlying appeal. See 8 C.F.R. § 1003.2(c)(2) (only one motion to reopen
permitted and the motion generally must be filed within 90 days of the final order).
To the extent we have jurisdiction to review the BIA’s decision not to
invoke its sua sponte authority, the BIA acted within its broad discretion in
declining to reopen proceedings under 8 C.F.R. § 1003.2(a).
PETITION FOR REVIEW DENIED.
2 07-72462