FILED
NOT FOR PUBLICATION APR 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BOGHOS OHANNES JANSEZIAN, No. 11-71107
Petitioner, Agency No. A075-771-825
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Boghos Ohannes Jansezian, a native and citizen of Lebanon, 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
*
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).
review for abuse of discretion the BIA’s denial of a motion to reopen, Najmabadi
v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Jansezian’s untimely 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 the relief sought. See Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1172 (9th
Cir. 2006) (“vague and conclusory allegations” insufficient to establish prima facie
eligibility); Konstantinova v. INS, 195 F.3d 528, 530 (9th Cir. 1999) (“[T]he
evidence [petitioner] introduced was too general to demonstrate a well-founded
fear that [petitioner] would personally be persecuted.”)
We do not consider the new evidence Jansezian referenced in his opening
brief. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc) (this court’s
review is limited to the administrative record). Accordingly, we deny as
unnecessary the government’s motion to strike.
PETITION FOR REVIEW DENIED.
2 11-71107