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Movsisyan v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 19, 2018
No. 14-70329 (9th Cir. Jun. 19, 2018)

Opinion

No. 14-70329

06-19-2018

RUBEN MOVSISYAN, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A099-550-440 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Ruben Movsisyan, 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 an abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Movsisyan's motion to reopen as untimely where the motion was filed five years after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and where Movsisyan failed to establish materially changed country conditions in Armenia to qualify for the regulatory exception to the time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 990-91 (petitioner failed to show evidence was "qualitatively different" to warrant reopening); Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence immaterial in light of prior adverse credibility determination).

We reject as without merit Movsisyan's contention that the BIA failed to consider his evidence and that he was deprived of the opportunity to challenge the IJ's adverse credibility determination.

Movsisyan's request for EAJA fees is denied.

PETITION FOR REVIEW DENIED.


Summaries of

Movsisyan v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 19, 2018
No. 14-70329 (9th Cir. Jun. 19, 2018)
Case details for

Movsisyan v. Sessions

Case Details

Full title:RUBEN MOVSISYAN, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 19, 2018

Citations

No. 14-70329 (9th Cir. Jun. 19, 2018)