Francisca Aguilar Rocha v. Eric H. Holder Jr.

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 23 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FRANCISCA AGUILAR ROCHA, No. 08-73813 Petitioner, Agency No. A078-638-837 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 18, 2013** San Francisco, California Before: WALLACE, FARRIS, and BYBEE, Circuit Judges. Rocha petitions for review of the Board of Immigration Appeals’s denial of her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252(b) and we deny the petition. * 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). The Board did not abuse its discretion because it gave a reasoned basis for its decision by stating correctly that Rocha had submitted no evidence showing that she had a well-founded fear of persecution or that she faces a clear probability of torture. See Konstantinova v. I.N.S., 195 F.3d 528, 529 (9th Cir. 1999). PETITION DENIED. 2