Julio Cesar Hernandez 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NOT FOR PUBLICATION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
JULIO CESAR HERNANDEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72364
Agency No. A071-577-188
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Julio Cesar Hernandez, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
OCT 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-72364 2
discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d
983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Hernandez’s motion to
reopen because Hernandez did not show prima facie eligibility for relief. See
INS v. Abudu, 485 U.S. 94, 104 (1988) (the BIA may deny a motion to reopen for
failure to establish a prima facie case for the underlying relief sought); Singh v.
INS, 134 F.3d 962, 967 (9th Cir. 1998) (“[m]ere generalized lawlessness and
violence . . . generally is not sufficient” for asylum).
PETITION FOR REVIEW DENIED.

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