JAVIER AYALA V. LORETTA E. LYNCH, No. 14-72408 (9th Cir. 2016)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUN 20 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JAVIER ALBERTO AYALA, Petitioner, No. U.S. COURT OF APPEALS 14-72408 Agency No. A072-543-330 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 14, 2016** Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges. Javier Alberto Ayala, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion * 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). the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition for review. The agency did not abuse its discretion in denying Ayala’s untimely motion to reopen because he failed to establish prima facie eligibility for relief. See 8 C.F.R. §1003.23(b); see also Toufighi, 538 F.3d at 996-97 (evidence must establish prima facie eligibility for relief sought). PETITION FOR REVIEW DENIED. 2 14-72408

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