Bautista v. Holder

FILED NOT FOR PUBLICATION FEB 25 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

GINA BAUTISTA, No. 07-73305

Petitioner, Agency No. A096-051-447 v.

MEMORANDUM * ERIC H. HOLDER Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Gina Bautista, a native and citizen of the Phillippines, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. discretion the denial of a motion to 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 Bautista’s motion to reopen because it considered the evidence submitted and acted within its broad discretion in determining Bautista did not show prima facie eligibility for CAT relief. See INS v. Abudu, 485 U.S. 94, 104-05 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); see also Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (the BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law”).

PETITION FOR REVIEW DENIED.

JT/Research 2 07-73305