Hector Mendez-Rodriguez v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Hector Mendez-Rodriguez v. Eric H. Holder Jr., 402 F. App'x 230 (9th Cir. 2010)

Hector Mendez-Rodriguez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Hector Guillermo Mendez-Rodriguez, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings to apply for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to *231 reopen, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004), and we deny the petition for review.

The BIA did not abuse its discretion in denying Mendez-Rodriguez’ motion to reopen because the BIA considered the evidence submitted and acted within its broad discretion in determining that Mendez-Rodriguez failed to demonstrate prima facie eligibility for relief. See INS v. Abudu, 485 U.S. 94, 104-05, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir. 2004) (random criminal acts bore no nexus to a protected ground).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Hector Guillermo MENDEZ-RODRIGUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished