HENDRI PHANG V. LORETTA E. LYNCH, No. 14-71371 (9th Cir. 2016)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 4 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT HENDRI PHANG, No. Petitioner, U.S. COURT OF APPEALS 14-71371 Agency No. A095-025-161 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 26, 2016** Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges. Hendri Phang, a native and citizen of Indonesia, 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 BIA’s denial of a motion to reopen, Najmabadi v. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review. The BIA did not abuse its discretion in denying Phang’s untimely motion to reopen because he failed to establish prima facie eligibility for the relief sought. See Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence must establish prima facie eligibility for relief sought). PETITION FOR REVIEW DENIED. 2 14-71371

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