Dzhulakyan v. Holder

FILED NOT FOR PUBLICATION JUN 09 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT AKOP DZHULAKYAN, No. 05-77431 Petitioner, Agency No. A027-668-198 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 25, 2010 ** Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges. Akop Dzhulakyan, a native and citizen of Armenia, 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 * 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). abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008), and we deny the petition for review. The BIA did not abuse its discretion in denying Dzhulakyan’s motion because he failed to establish prima facie eligibility for withholding of removal and relief under the Convention Against Torture. See Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1171 (9th Cir. 2006) (prima facie eligibility is established “where the evidence reveals a reasonable likelihood that the statutory requirements for relief have been satisfied”). Contrary to Dzhulakyan’s contention, the BIA adequately considered the evidence he submitted with his motion. See Ghaly v. INS, 58 F.3d 1425, 1430-31 (9th Cir. 1995). PETITION FOR REVIEW DENIED. 2 05-77431