Phang v. Lynch
This text of 667 F. App'x 957 (Phang v. Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Hendri Phang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
[958]*958The BIA did not abuse its discretion in denying Pahang's untimely motion to reopen because he failed to establish prima facie eligibility for the relief sought. See Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence must establish prima facie eligibility for relief sought).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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667 F. App'x 957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phang-v-lynch-ca9-2016.