Emma Almoyan 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NOT FOR PUBLICATION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
EMMA ALMOYAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71475
Agency No. A099-345-707
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Emma Almoyan, a native of the former Soviet Union and citizen of
Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order
denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We
FILED
MAY 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71475 2
review for abuse of discretion 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 BIA did not abuse its discretion in denying Almoyan’s motion to reopen
because it considered the evidence and acted within its broad discretion in
determining Almoyan did not show prima facie eligibility for the relief sought.
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 8 C.F.R. § 1003.2(c)(1) (evidence offered with a motion to reopen must be
material).
PETITION FOR REVIEW DENIED.

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