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Javier RAMIREZ-RIVERA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-03-02No. No. 09-74104
417 F. App'x 676

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Opinion

majority opinion

MEMORANDUM

Javier Ramirez-Rivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Ghahremani v. Gonzales, 498 F.3d 993, 997-98 (9th Cir. 2007), and we deny the petition for review.

The BIA did not abuse its discretion in denying Ramirez-Rivera’s motion to reopen to apply for adjustment of status where he failed to demonstrate prima facie eligibility for the requested relief. See Malty v. Ashcroft, 381 F.3d 942, 947-48 (9th Cir.2004) (alien demonstrates prima facie eligibility for relief countenancing reopening where the evidence reveals a reasonable likelihood that the statutory requirements for relief have been satisfied).

PETITION FOR REVIEW DENIED.

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