Antonio Munoz-Lopez, a.k.a. Jose Luis Hernandez-Torres 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NOT FOR PUBLICATION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
ANTONIO MUNOZ-LOPEZ, a.k.a. Jose
Luis Hernandez-Torres,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73788
Agency No. A077-975-340
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Antonio Munoz-Lopez, a native and citizen of Mexico, 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. Reviewing for
FILED
APR 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-73788 2
abuse of discretion, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir. 2004), we
deny the petition for review.
The BIA did not abuse its discretion in denying Munoz-Lopez’s motion to
reopen because he did not establish prima facie eligibility for adjustment of status.
See INS v. Abudu, 485 U.S. 94, 104-05 (1988) (holding that BIA may deny an
alien’s motion to reopen if alien is not prima facie eligible for relief sought).
PETITION FOR REVIEW DENIED.

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