Syahroni Zakir 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NOT FOR PUBLICATION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
SYAHRONI ZAKIR,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72176
Agency No. A095-634-656
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Syahroni Zakir, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen removal proceedings.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
FILED
SEP 30 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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BIA’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th
Cir. 2008). We deny the petition for review.
The agency did not abuse its discretion in denying Zakir’s untimely motion
to reopen where the motion was filed more than a year after the BIA’s final
decision, see 8 C.F.R. § 1003.2(c)(2), and Zakir’s evidence did not establish prima
facie eligibility for asylum, see INS v. Abuda, 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); Maroufi v. INS, 772 F.2d 597, 599 (9th Cir. 1985) (no
prima facie case established where “affidavit and application for asylum consisted
solely of conclusory and speculative inferences drawn from generalized events”).
Zakir’s contentions that the agency ignored evidence and that the BIA
applied an incorrect burden of proof are not supported by the record.
PETITION FOR REVIEW DENIED.

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