Sukhvinder Singh Pelia v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUKHVINDER SINGH PELIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72600
Agency No. A096-133-339
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Sukhvinder Singh Pelia, a native and citizen of India, 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 discretion the
FILED
DEC 5 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

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 Pelia’s motion to reopen
because Pelia 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); INS v. Elias-Zacarias, 502 U.S.
478, 481-83 (1992) (fear of persecution must be on account of a protected ground,
and petitioner must provide some evidence of persecutor’s motive).
PETITION FOR REVIEW DENIED.
11-72600 2

-- 2 of 2 --