Ricardo Frausto 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).
1NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICARDO FRAUSTO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73564
Agency No. A097-258-285
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 8, 2012**
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Ricardo Frausto, a native and citizen of Mexico, 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
AUG 13 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73564 2
abuse of discretion the denial of a motion to reopen. Garcia v. Holder, 621 F.3d
906, 912 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Frausto’s motion to reopen,
where Frausto did not demonstrate that his son’s birth certificate was unavailable at
the time of his hearing, see 8 C.F.R. § 1003.2(c)(1), and the evidence he submitted
regarding his father was insufficient to establish prima facie eligibility for relief,
see Garcia, 621 F.3d at 912-13.
PETITION FOR REVIEW DENIED.

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