NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT JAN 23 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS FRANCISCA AGUILAR ROCHA, No. 08-73813

Petitioner, Agency No. A078-638-837 v.

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

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 18, 2013**

San Francisco, California Before: WALLACE, FARRIS, and BYBEE, Circuit Judges.

Rocha petitions for review of the Board of Immigration Appeals’s denial of her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252(b) and we deny the petition.

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

The Board did not abuse its discretion because it gave a reasoned basis for its decision by stating correctly that Rocha had submitted no evidence showing that she had a well-founded fear of persecution or that she faces a clear probability of torture. See Konstantinova v. I.N.S., 195 F.3d 528, 529 (9th Cir. 1999).

PETITION DENIED.

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