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Edwin LAINEZ, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2017-04-19No. No. 16-70160
688 F. App'x 454

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Opinion

majority opinion

MEMORANDUM

Edwin Lainez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s 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 BIA did not abuse its discretion in denying Lainez’s untimely motion to reopen, see 8 C.F.R. § 1003.2(c)(2), where Lainez failed to demonstrate prima facie eligibility for the relief he sought, see Toufighi, 538 F.3d at 996 (the BIA can deny a motion to reopen for failure to establish a prima facie case); see also INS v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (“[S]ince the statute makes motive critical, [an applicant] must provide some evidence of it, direct or cir-cumstantiar); see Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

PETITION FOR REVIEW DENIED,

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.