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Adedotun EDUN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-02-24No. No. 08-72880
469 F. App'x 518

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Opinion

majority opinion

MEMORANDUM

Adedotun Edun, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen deportation proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and we deny the petition for review. The agency did not abuse its discretion in denying Edun’s motion to reopen for failure to show “reasonable cause” for his absence from his scheduled hearing. See 8 U.S.C. § 1252(b) (1988).

The agency also did not abuse its discretion in denying the motion to reopen where Edun failed to show prima facie eligibility for relief. See 8 C.F.R. § 1003.23(b)(3).

Edun’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

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