FILED
NOT FOR PUBLICATION JUL 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARMEN MARGARYAN, No. 10-71538
Petitioner, Agency No. A072-958-488
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Armen Margaryan petitions for review of the Board of Immigration
Appeals’ order dismissing his appeal from an immigration judge’s order denying
his motion to reopen removal proceedings conducted in absentia. 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), and we
deny the petition for review.
The agency did not abuse its discretion in denying Margaryan’s motion to
reopen because the motion was filed more than ten years after the final removal
order, see 8 C.F.R. § 1003.23(b)(4)(iii), and Margaryan 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 10-71538