FILED
NOT FOR PUBLICATION JAN 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SAAK AVAKYANTS, No. 07-73421
Petitioner, Agency No. A096-059-399
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT and BYBEE, Circuit Judges.
Saak Avakyants, a native of Azerbaijan and citizen of Russia, petitions for
review of an order of the Board of Immigration Appeals’ (“BIA”) denying his
motion to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
LA/Research
review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS,
321 F.3d 889, 894 (9th Cir. 2003) (9th Cir. 2007). We deny the petition for
review.
The BIA did not abuse its discretion in denying Avakyants’ motion to
reopen as untimely because the motion was filed more than two years after the
BIA’s order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and
Avakyants failed to establish that he acted with due diligence to warrant tolling of
the ninety-day deadline for such motions, see Iturribarria, 321 F.3d at 899. In
light of our disposition, we do not reach the issue of prejudice.
PETITION FOR REVIEW DENIED.
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