FILED
NOT FOR PUBLICATION AUG 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ARMANDO DOMINGUEZ- No. 09-71197
GARCIA,
Agency No. A079-268-262
Petitioner,
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, 2013 **
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Jose Armando Dominguez-Garcia, 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.
*
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).
§ 1252. We review for abuse of discretion, Ordonez v. INS, 345 F.3d 777, 782 (9th
Cir. 2003), and deny the petition for review.
The BIA did not abuse its discretion in denying Petitioner’s motion to
reopen on the ground that he failed to establish prima facie eligibility for
cancellation of removal. See id. at 785 (prima facie eligibility is demonstrated by
showing a reasonable likelihood that the statutory requirements for relief have been
satisfied); 8 U.S.C. § 1229b(b)(1)(B). The immigration judge found Petitioner
lacked good moral character in its underlying decision, and he did not challenge
that finding either in his initial appeal to the BIA or in his later motion to reopen.
PETITION FOR REVIEW DENIED.
2 09-71197