FILED
NOT FOR PUBLICATION JUN 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ANTONIO BEJARANO No. 09-74024
TARABILLO,
Agency No. A099-122-190
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Jose Antonio Bejarano Tarabillo, a native and citizen of Bolivia, petitions
pro se for review of the Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s decision denying his motion to reopen. 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, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005),
and we deny the petition for review.
The agency did not abuse its discretion in denying Bejarano Tarabillo’s
motion to reopen on the ground that he failed to present clear and convincing
evidence indicating a strong likelihood his marriage was bona fide, and therefore
did not establish prima facie eligibility for adjustment of status. See 8 C.F.R.
§ 204.2(a)(1)(iii)(B); Malhi v. INS, 336 F.3d 989, 993-94 (9th Cir. 2003).
Bejarano Tarabillo’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 09-74024