NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 21 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
FERNANDO LOPEZ-VAZQUEZ, No. 10-71228
Petitioner, Agency No. A075-675-062
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEVY, Circuit Judges.
Fernando Lopez-Vazquez, 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. We
review for abuse of discretion the BIA’s denial of a motion to reopen, Mendez-
*
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).
Gutierrez v. Ashcroft, 340 F.3d 865, 869 (9th Cir. 2003), and we deny the petition
for review.
The BIA did not abuse its discretion in denying Lopez-Vazquez’s motion to
reopen on the ground that he failed to demonstrate prima facie eligibility for the
relief sought. See Mendez-Gutierrez, 340 F.3d at 869-70 (“[P]rima facie eligibility
for the relief sought is a prerequisite for the granting of a motion to reopen.”).
To the extent Lopez-Vazquez contends that the BIA failed to consider some
or all of the evidence he submitted with the motion to reopen, he has not overcome
the presumption that the BIA did review the record. See Fernandez v. Gonzales,
439 F.3d 592, 603 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
2 10-71228