Amir Eddin v. Eric Holder, Jr. ( 2013 )


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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    NOT FOR PUBLICATION                            FEB 20 2013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Precedential Status: Non-Precedential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