FILED
NOT FOR PUBLICATION JUN 08 2011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
MAYIS ASATRYAN, No. 09-73602
Petitioner, Agency No. A075-714-418
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Mayis Asatryan, a native of Iran and citizen of Armenia, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d
988, 992 (9th Cir. 2008), and we deny the petition for review.
The BIA did not abuse its discretion in denying Asatryan’s motion to reopen
because it was untimely, see 8 C.F.R. § 1003.2(c)(2), and Asatryan failed to
present sufficient evidence of changed circumstances in Armenia to qualify for the
regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R.
§ 1003.2(c)(3)(ii); see also Toufighi, 538 F.3d at 996-97 (evidence of changed
circumstances insufficient in light of underlying adverse credibility determination).
PETITION FOR REVIEW DENIED.
2 09-73602