Javier Alberto Ayala v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAVIER ALBERTO AYALA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72408
Agency No. A072-543-330
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Javier Alberto Ayala, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ 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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.
2008), and we deny the petition for review.
The agency did not abuse its discretion in denying Ayala’s untimely motion
to reopen because he failed to establish prima facie eligibility for relief. See 8
C.F.R. §1003.23(b); see also Toufighi, 538 F.3d at 996-97 (evidence must establish
prima facie eligibility for relief sought).
PETITION FOR REVIEW DENIED.

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