EMMA ALMOYAN V. ERIC HOLDER, JR., No. 09-71475 (9th Cir. 2012)
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FILED MAY 23 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EMMA ALMOYAN, No. 09-71475 Petitioner, Agency No. A099-345-707 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Emma Almoyan, a native of the former Soviet Union and citizen of Armenia, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. 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). review for abuse of discretion 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 BIA did not abuse its discretion in denying Almoyan s motion to reopen because it considered the evidence and acted within its broad discretion in determining Almoyan did not show prima facie eligibility for the relief sought. 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 8 C.F.R. § 1003.2(c)(1) (evidence offered with a motion to reopen must be material). PETITION FOR REVIEW DENIED. 2 09-71475
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