Opinion
No. 11-72600 Agency No. A096-133-339
11-19-2013
SUKHVINDER SINGH PELIA, 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NOT FOR PUBLICATION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, TROTT, and THOMAS, Circuit Judges.
Sukhvinder Singh Pelia, a native and citizen of India, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen. 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). We deny the petition for review.
The BIA did not abuse its discretion in denying Pelia's motion to reopen because Pelia did not show prima facie eligibility for relief. See INS v. Abudu, 485 U.S. 94, 104 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); INS v. Elias-Zacarias, 502 U.S. 478, 481-83 (1992) (fear of persecution must be on account of a protected ground, and petitioner must provide some evidence of persecutor's motive).
PETITION FOR REVIEW DENIED.