U.S. Court of Appeals for the Ninth Circuit, 2010

Israelyan v. Holder

Israelyan v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided February 23, 2010 · Fernandez, Gould, Smith
367 F. App'x 774

Israelyan v. Holder

Opinion

MEMORANDUM **

Karine Israelyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we deny the petition for review.

The BIA acted within its discretion in denying as untimely Israelyan’s motion to reopen because it was filed more than 90 days after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Israelyan did not show that she acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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