JULIO HERNANDEZ V. ERIC HOLDER, JR., No. 11-72364 (9th Cir. 2013)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT OCT 21 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS JULIO CESAR HERNANDEZ, Petitioner, No. 11-72364 Agency No. A071-577-188 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 15, 2013 ** Before: FISHER, GOULD, and BYBEE, Circuit Judges. Julio Cesar Hernandez, a native and citizen of Guatemala, 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 * 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). discretion the BIA s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review. The BIA did not abuse its discretion in denying Hernandez s motion to reopen because Hernandez did not show prima facie eligibility for relief. See INS v. Abudu, 485 U.S. 94, 104 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); Singh v. INS, 134 F.3d 962, 967 (9th Cir. 1998) ( [m]ere generalized lawlessness and violence . . . generally is not sufficient for asylum). PETITION FOR REVIEW DENIED. 2 11-72364

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