ZAVEN KHACHATRYAN V. ERIC H. HOLDER JR., No. 08-71416 (9th Cir. 2012)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT APR 24 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS ZAVEN KHACHATRYAN, Petitioner, No. 08-71416 Agency No. A076-706-203 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Zaven Khachatryan, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his second motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and * 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). we deny the petition for review. The BIA did not abuse its discretion by denying Khachatryan s second motion to reopen as numerically-barred and untimely where it was filed over four years after the BIA s final order, see 8 C.F.R. § 1003.2(c)(2), and Khachatryan failed to establish changed circumstances in Armenia 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); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) ( The critical question is . . . whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution. ). PETITION FOR REVIEW DENIED. 2 08-71416

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.