SUKHVINDER PELIA V. ERIC HOLDER, JR., No. 11-72600 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 5 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SUKHVINDER SINGH PELIA, Petitioner, No. 11-72600 Agency No. A096-133-339 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Sukhvinder Singh Pelia, a native and citizen of India, 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). 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 Pelia s motion to reopen because Pelia 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); INS v. Elias-Zacarias, 502 U.S. 478, 481-83 (1992) (fear of persecution must be on account of a protected ground, and petitioner must provide some evidence of persecutor s motive). PETITION FOR REVIEW DENIED. 2 11-72600

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