MEMORANDUM **

Javier Alberto Ayala, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey; 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition for review.

The agency did not abuse its discretion in denying Ayala’s untimely motion to reopen because he failed to establish prima facie eligibility for relief. See 8 C.F.R. § 1003.23(b); see also Toufighi, 538 F.3d at 996-97 (evidence must establish prima facie eligibility for relief sought).

PETITION FOR REVIEW DENIED.