Javier Ramirez-Rivera v. Eric Holder, Jr., No. 09-74104 (9th Cir. 2011)

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FILED MAR 02 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JAVIER RAMIREZ-RIVERA, Petitioner, No. 09-74104 Agency No. A096-027-236 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Javier Ramirez-Rivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the * 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). denial of a motion to reopen, Ghahremani v. Gonzales, 498 F.3d 993, 997-98 (9th Cir. 2007), and we deny the petition for review. The BIA did not abuse its discretion in denying Ramirez-Rivera s motion to reopen to apply for adjustment of status where he failed to demonstrate prima facie eligibility for the requested relief. See Malty v. Ashcroft, 381 F.3d 942, 947-48 (9th Cir. 2004) (alien demonstrates prima facie eligibility for relief countenancing reopening where the evidence reveals a reasonable likelihood that the statutory requirements for relief have been satisfied). PETITION FOR REVIEW DENIED. 2 09-74104

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