Norman Djuana 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).
JLA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NORMAN DJUANA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73255
Agency No. A079-566-536
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Norman Djuana, native and citizen of Indonesia, petitions for review of a
Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. We have
jurisdiction under 8 U.S.C. § 1252. We review the BIA’s decision on a motion to
FILED
FEB 23 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JLA/Research 07-73255 2
reopen for abuse of discretion. Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th
Cir. 2005) (en banc). We deny the petition for review.
The BIA did not abuse its discretion in concluding that the new evidence
Djuana submitted did not show prima facie eligibility for relief because the
evidence only established there was on-going general strife in Indonesia and did
not show any individualized risk to Djuana. See Konstantinova v. INS, 195 F.3d
528, 530 (9th Cir. 1999).
We reject Djuana’s contention that the BIA used the wrong standard in
denying his motion to reopen, and we reject his contention that the BIA required
him to submit affidavits.
PETITION FOR REVIEW DENIED.

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