FILED
NOT FOR PUBLICATION MAR 02 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAVIER RAMIREZ-RIVERA, No. 09-74104
Petitioner, Agency No. A096-027-236
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Javier Ramirez-Rivera, a native and citizen of Mexico, 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
*
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).
denial of a motion to reopen, Ghahremani v. Gonzales, 498 F.3d 993, 997-98 (9th
Cir. 2007), and we deny the petition for review.
The BIA did not abuse its discretion in denying Ramirez-Rivera’s motion to
reopen to apply for adjustment of status where he failed to demonstrate prima facie
eligibility for the requested relief. See Malty v. Ashcroft, 381 F.3d 942, 947-48
(9th Cir. 2004) (alien demonstrates prima facie eligibility for relief countenancing
reopening where the evidence reveals a reasonable likelihood that the statutory
requirements for relief have been satisfied).
PETITION FOR REVIEW DENIED.
2 09-74104