Hector Mendez-Rodriguez v. Eric H. Holder Jr., No. 09-70276 (9th Cir. 2010)

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FILED NOV 01 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT HECTOR GUILLERMO MENDEZRODRIGUEZ, No. 09-70276 Agency No. A095-196-475 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges. Hector Guillermo Mendez-Rodriguez, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals ( BIA ) denying his motion to reopen removal proceedings to apply for asylum, withholding of removal, and protection under the Convention Against Torture. We * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004), and we deny the petition for review. The BIA did not abuse its discretion in denying Mendez-Rodriguez motion to reopen because the BIA considered the evidence submitted and acted within its broad discretion in determining that Mendez-Rodriguez failed to demonstrate prima facie eligibility for relief. See INS v. Abudu, 485 U.S. 94, 104-05, (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir. 2004) (random criminal acts bore no nexus to a protected ground). PETITION FOR REVIEW DENIED. 2 09-70276

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