Aleksandr Kovtoun v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEKSANDR KOVTOUN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70566
Agency No. A075-499-355
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Aleksandr Kovtoun, a native and citizen of Moldova, 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 an abuse of discretion,
FILED
MAR 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-70566 2
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 Kovtoun’s motion to reopen
because it considered the evidence submitted and acted within its broad discretion
in determining Kovtoun did not demonstrate prima facie eligibility for the relief
sought. 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).
PETITION FOR REVIEW DENIED.

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