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FILED NOT FOR PUBLICATION FEB 20 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT AMIR KARIM EDDIN, No. 09-71350 Petitioner, Agency No. A078-000-941 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 11, 2013 ** Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges. Amir Karim Eddin, a native and citizen of Syria, 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 * 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). BIA’s denial of a motion to reopen. Guzman v. INS,
318 F.3d 911, 912 n.1 (9th Cir. 2003) (per curiam). We deny the petition for review. Eddin contends the BIA erred in denying his motion to reopen to file for asylum based on his rejection of Islam and conversion to Christianity. The BIA acted within its broad discretion in determining Eddin failed to submit evidence showing that the Syrian government either would persecute him on account of his apostasy or conversion or be unable or unwilling to protect him. 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). Accordingly, Eddin’s motion to reopen fails. PETITION FOR REVIEW DENIED. 2 09-71350
Document Info
Docket Number: 09-71350
Judges: Fernandez, Tashima, Wardlaw
Filed Date: 2/20/2013
Precedential Status: Non-Precedential
Modified Date: 11/6/2024