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- Unpublished