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Ricardo FRAUSTO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-08-13No. No. 10-73564
475 F. App'x 246

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Opinion

majority opinion

MEMORANDUM

Ricardo Frausto, a native and citizen of Mexico, 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 denial of a motion to reopen. Garcia v. Holder, 621 F.3d 906, 912 (9th Cir.2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Frausto’s motion to reopen, where Frausto did not demonstrate that his son’s birth certificate was unavailable at the time of his hearing, see 8 C.F.R. § 1003.2(c)(1), and the evidence he submitted regarding his father was insufficient to establish prima facie eligibility for relief, see Garcia, 621 F.3d at 912-13.

PETITION FOR REVIEW DENIED.

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