JIAN YANG V. ERIC HOLDER, JR., No. 09-70996 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 23 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JIAN DONG YANG, a.k.a. Weng Hong Damon Hoi, No. 09-70996 Agency No. A096-395-209 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 17, 2012 ** Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. Jian Dong Yang, a native and citizen of China, 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 * 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). abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 345 F.3d 777, 782 (9th Cir. 2003), and we deny the petition for review. The BIA did not abuse its discretion in denying Yang s motion to reopen because the evidence submitted with Yang s motion to reopen failed to establish prima facie eligibility for asylum. 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); see also Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (BIA s denial of a motion to reopen shall be reversed if it is arbitrary, irrational, or contrary to law ). PETITION FOR REVIEW DENIED. 2 09-70996

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