Jian Dong Yang, a.k.a. Weng Hong Damon Hoi 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NOT FOR PUBLICATION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
JIAN DONG YANG, a.k.a. Weng Hong
Damon Hoi,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70996
Agency No. A096-395-209
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012**
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Jian Dong Yang, a native and citizen of China, 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. We review for
FILED
JAN 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-70996 2
abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 345 F.3d 777,
782 (9th Cir. 2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying Yang’s motion to reopen
because the evidence submitted with Yang’s motion to reopen failed to establish
prima facie eligibility for asylum. See INS v. Abudu, 485 U.S. 94, 104-05 (1988)
(the BIA may deny a motion to reopen for failure to establish a prima facie case for
the underlying relief sought); see also Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.
2002) (BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary,
irrational, or contrary to law”).
PETITION FOR REVIEW DENIED.

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