NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 24 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
ACHOT MIRZOIAN, No. 10-70943
Petitioner, Agency No. A070-936-412
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Achot Mirzoian, a native 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, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and
we deny the petition for review.
The BIA did not abuse its discretion in denying Mirzoian’s motion to reopen
as untimely where the motion was filed over six years after the BIA’s final order,
see 8 C.F.R. § 1003.2(c)(2), and Mirzoian failed to demonstrate that there has been
a material change in Armenia with respect to the government’s treatment of
opposition party supporters 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); Najmabadi, 597 F.3d
at 991; He v. Gonzales, 501 F.3d 1128, 1132 (9th Cir. 2007) (a change in personal
circumstances does not establish changed country conditions).
PETITION FOR REVIEW DENIED.
2 10-70943