FILED
NOT FOR PUBLICATION AUG 2 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SAROJANI DEVI GOVINDER, No. 08-72668
Petitioner, Agency No. A070-450-532
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 1, 2011 **
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Sarojani Devi Govinder, a native and citizen of Fiji, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
an abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v.
Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review.
The BIA did not abuse its discretion in denying Govinder’s motion to reopen
because it considered the record and acted within its broad discretion in
determining that the evidence was insufficient to establish prima facie eligibility
for asylum, withholding of removal, or CAT relief. See Wakkary v. Holder, 558
F.3d 1049, 1060, 1068 (9th Cir. 2009); Mendez-Gutierrez v. Gonzales, 444 F.3d
1168, 1171-72 (9th Cir. 2006).
Govinder’s contentions that the BIA failed to apply the proper legal standard
or address her claim for withholding of removal are belied by the record.
The BIA also did not abuse its discretion in finding that Govinder is not
prima facie eligible for relief under the Convention Against Torture because
Govinder failed to establish it is more likely than not she will be tortured if
returned to Fiji. See Wakkary, 558 F.3d at 1068.
PETITION FOR REVIEW DENIED.
2 08-72668