FILED
NOT FOR PUBLICATION APR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FENG CUI, No. 09-72721
Petitioner, Agency No. A098-296-527
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Feng Cui, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s denial of his motion to reopen proceedings held in absentia. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
*
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).
a motion to reopen, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir. 2009),
and we deny the petition for review.
The agency did not abuse its discretion by denying Cui’s motion to reopen
because it considered the evidence Cui submitted and acted within its broad
discretion in determining that the evidence was insufficient to warrant reopening.
See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (BIA’s denial of a motion to
reopen shall be reversed if it is “arbitrary, irrational, and contrary to law”).
PETITION FOR REVIEW DENIED.
2 09-72721