Opinion
No. 11-71107 Agency No. A075-771-825
04-22-2013
BOGHOS OHANNES JANSEZIAN, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Boghos Ohannes Jansezian, a native and citizen of Lebanon, 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 abuse of discretion the BIA's denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Jansezian's untimely motion to reopen because it considered the record and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie eligibility for the relief sought. See Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1172 (9th Cir. 2006) ("vague and conclusory allegations" insufficient to establish prima facie eligibility); Konstantinova v. INS, 195 F.3d 528, 530 (9th Cir. 1999) ("[T]he evidence [petitioner] introduced was too general to demonstrate a well-founded fear that [petitioner] would personally be persecuted.")
We do not consider the new evidence Jansezian referenced in his opening brief. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc) (this court's review is limited to the administrative record). Accordingly, we deny as unnecessary the government's motion to strike.
PETITION FOR REVIEW DENIED.