Hector Guillermo Mendez- Rodriguez 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NOT FOR PUBLICATION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
HECTOR GUILLERMO MENDEZ-
RODRIGUEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70276
Agency No. A095-196-475
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O’SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.
Hector Guillermo Mendez-Rodriguez, a native and citizen of Guatemala,
petitions pro se for review of an order of the Board of Immigration Appeals
(“BIA”) denying his motion to reopen removal proceedings to apply for asylum,
withholding of removal, and protection under the Convention Against Torture. We
FILED
NOV 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-70276 2
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
denial of a motion to reopen, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004),
and we deny the petition for review.
The BIA did not abuse its discretion in denying Mendez-Rodriguez’ motion
to reopen because the BIA considered the evidence submitted and acted within its
broad discretion in determining that Mendez-Rodriguez failed to demonstrate
prima facie eligibility for relief. 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); Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.
2004) (random criminal acts bore no nexus to a protected ground).
PETITION FOR REVIEW DENIED.

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