U.S. Court of Appeals for the Ninth Circuit, 2013

Julio Hernandez v. Eric Holder, Jr.

Julio Hernandez v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided October 21, 2013 · Fisher, Gould, Bybee
542 F. App'x 675

Julio Hernandez v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Julio Cesar Hernandez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 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 the petition for review.

The BIA did not abuse its discretion in denying Hernandez’s motion to reopen because Hernandez did not show prima facie eligibility for relief. See INS v. Abudu, 485 U.S. 94, 104, 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); Singh v. INS, 134 F.3d 962, 967 (9th Cir. 1998) (“[mjere generalized lawlessness and violence ... generally is not sufficient” for asylum).

PETITION FOR REVIEW DENIED.

**

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

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