Opinion
No. 11-72364 Agency No. A071-577-188
2013-10-21
JULIO CESAR HERNANDEZ, 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NOT FOR PUBLICATION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: FISHER, GOULD, and BYBEE, Circuit Judges.
Julio Cesar Hernandez, a native and citizen of Guatemala, 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 Hernandez's motion to reopen because Hernandez 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); Singh v. INS, 134 F.3d 962, 967 (9th Cir. 1998) ("[m]ere generalized lawlessness and violence . . . generally is not sufficient" for asylum).
PETITION FOR REVIEW DENIED.