Opinion
No. 14-72465
05-28-2019
GLENFORD PRINCE, AKA Dwayne Stewart, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A045-876-676 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: THOMAS, Chief Judge, FRIEDLAND, and BENNETT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Glenford Prince, a native and citizen of Jamaica, 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). We deny the petition for review.
The BIA did not abuse its discretion in denying Prince's untimely motion to reopen his claim for deferral of removal under the Convention Against Torture ("CAT") because Prince failed to establish prima facie eligibility for relief to qualify for an exception to the time limitation for motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); Cano-Merida v. INS, 311 F.3d 960, 966 (9th Cir. 2002) (no abuse of discretion in denying motion to reopen where petitioner did not establish prima facie eligibility for CAT relief).
We reject Prince's contention that the BIA violated his due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).
PETITION FOR REVIEW DENIED.