Munoz-lopez v. Holder

FILED
NOT FOR PUBLICATION APR 13 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ANTONIO MUNOZ-LOPEZ, a.k.a. Jose No. 07-73788
Luis Hernandez-Torres,
Agency No. A077-975-340
Petitioner,

v. MEMORANDUM *

ERIC H. HOLDER Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted April 5, 2010 **

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Antonio Munoz-Lopez, a native and citizen of Mexico, 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. Reviewing 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, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir. 2004), we

deny the petition for review.

The BIA did not abuse its discretion in denying Munoz-Lopez’s motion to

reopen because he did not establish prima facie eligibility for adjustment of status.

See INS v. Abudu, 485 U.S. 94, 104-05 (1988) (holding that BIA may deny an

alien’s motion to reopen if alien is not prima facie eligible for relief sought).

PETITION FOR REVIEW DENIED.

2 07-73788