MARINEH KARAPETIAN V. ERIC HOLDER, JR., No. 11-73309 (9th Cir. 2013)

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FILED FEB 13 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARINEH KARAPETIAN; ARMAN KARAPETI SOULTANIAN, No. 11-73309 Agency Nos. A079-518-081 A079-518-082 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 11, 2013 ** Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges. Marineh Karapetian and Arman Karapeti Soultanian, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen removal proceedings based on ineffective * 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). assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review. The BIA did not abuse its discretion in denying petitioners motion to reopen as untimely where they filed the motion seven years after their removal order became final, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed within 90 days of final order), and failed to show the due diligence required for equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable tolling is available to a petitioner who is prevented from filing because of deception, fraud or error, and exercised due diligence in discovering such circumstances). PETITION FOR REVIEW DENIED. 2 11-73309

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