Aram Sargsyan v. Eric Holder, Jr. , 584 F. App'x 721 ( 2014 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            SEP 02 2014
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    ARAM SARGSYAN,                                   No. 09-71574
    Petitioner,                        Agency No. A077-998-686
    v.
    MEMORANDUM*
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted August 27, 2014**
    Pasadena, California
    Before: O’SCANNLAIN and RAWLINSON, Circuit Judges, and RAKOFF,
    Senior District Judge.***
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    ***
    The Honorable Jed S. Rakoff, Senior District Judge for the United
    States District Court for the Southern District of New York, sitting by designation.
    Aram Sargsyan (Sargsyan), a native of Armenia, petitions for review of an
    order of the Board of Immigration Appeals (BIA) denying his motion to reopen
    removal proceedings. Our jurisdiction is governed by 
    8 U.S.C. § 1252
    .
    The BIA did not abuse its discretion in denying Sargsyan’s motion to reopen
    as untimely and number-barred. First, the instant motion was Sargsyan’s third motion
    to reopen, and was filed more than six years after the BIA’s final order of removal,
    exceeding the time and numerical limitations on motions to reopen. See 8 U.S.C. §
    1229a(c)(6)(A), (C)(i); 
    8 C.F.R. § 1003.2
    (c)(2). Second, Sargsyan did not establish
    that his motion qualified for the changed country conditions exception to the filing
    limitations, because much of the evidence presented related to events that happened
    before his original asylum hearing and he failed to show why he was unable to present
    this evidence earlier, and the remaining evidence only demonstrated changes in
    personal circumstances, without showing that conditions in Armenia had changed.
    We lack jurisdiction to consider the BIA’s discretionary decision whether to
    reopen proceedings sua sponte. See Mejia-Hernandez v. Holder, 
    633 F.3d 818
    , 823-
    24 (9th Cir. 2011) (citing Ekimian v. INS, 
    303 F.3d 1153
    , 1159 (9th Cir. 2002)).
    PETITION FOR REVIEW DENIED in part, DISMISSED in part.
    Page 2 of 2
    

Document Info

Docket Number: 09-71574

Citation Numbers: 584 F. App'x 721

Filed Date: 9/2/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023