Ophelia Abramian v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 15 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
OPHELIA EDUARDOVNA ABRAMIAN, No. 15-71130
Petitioner, Agency No. A075-620-422
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 8, 2020**
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Ophelia Eduardovna Abramian, a native and citizen of Georgia, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
review for abuse of discretion the BIA’s denial of a motion to reopen. Perez v.
Mukasey, 516 F.3d 770, 773 (9th Cir. 2008). We deny the petition for review.
*
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 BIA did not abuse its discretion in denying Abramian’s motion to
reopen as untimely, where it was filed more than 11 years after the order of
removal became final, see 8 C.F.R. § 1003.2(c)(2), and Abramian has not
established changed country conditions in Georgia to qualify for the regulatory
exception to the filing deadline, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi v.
Holder, 597 F.3d 983, 987-90 (9th Cir. 2010) (evidence must be “qualitatively
different” to warrant reopening); Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir.
2008) (requiring movant to produce material evidence with motion to reopen that
conditions in country of nationality had changed).
On September 16, 2015, the court granted a stay of removal. The stay of
removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.
2 15-71130