Daniel Izarraras v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Daniel Izarraras v. Eric Holder, Jr., 543 F. App'x 687 (9th Cir. 2013)

Daniel Izarraras v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Daniel Bravo Izarraras and Celia Torres Moreno, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen where petitioners failed to establish prima facie eligibility for asylum, withholding of removal, or relief under the Convention Against Torture. See id. at 986 (agency may deny a motion to reopen based on failure to establish a prima facie case for the relief sought); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010) (holding that generalized evidence of violence and crime was insufficient to establish eligibility for asylum, withholding, or relief under CAT).

We lack jurisdiction to review the BIA’s decision to not exercise its sua sponte authority to reopen removal proceedings. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).

*688 PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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

Reference

Full Case Name
Daniel Bravo IZARRARAS and Celia Torres Moreno, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished