SIONE LAVAKA FATONGIA, AKA Sione L. Fatongia v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SIONE LAVAKA FATONGIA, AKA
Sione L. Fatongia,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-71059
Agency No. A071-566-886
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Sione Lavaka Fatongia, a native and citizen of Tonga, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen. We have jurisdiction
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
FILED
MAR 01 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the
petition for review.
The agency did not abuse its discretion in denying Fatongia’s motion to
reopen based on possible eligibility for an I-360 visa petition, where Fatongia had
not filed an I-360 visa petition with the United States Citizenship and Immigration
Service and was therefore ineligible for any relief from removal. See Najmabadi v.
Holder, 597 F.3d 983, 986 (9th Cir. 2010) (the agency “can deny a motion to
reopen” for “failure to establish a prima facie case for the relief sought” (internal
quotation marks and citation omitted)); Negrete-Ramirez v. Holder, 741 F.3d 1047,
1056 (9th Cir. 2014) (“To be eligible for adjustment of status, an alien . . . must
receive a visa.”).
In light of this disposition, we do not reach Fatongia’s remaining contentions
regarding hardship and the Department of Homeland Security’s alleged refusal to
accept his filing fee.
PETITION FOR REVIEW DENIED.
14-71059 2

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