Javier Ramirez-Rivera v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAR 02 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JAVIER RAMIREZ-RIVERA, No. 09-74104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