Shayne Visser v. Loretta E. Lynch , 633 F. App'x 387 ( 2016 )

FILED
NOT FOR PUBLICATION JAN 27 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHAYNE VISSER, No. 14-70406
Petitioner, Agency No. A200-884-383
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Shayne Visser, a native and citizen of South Africa, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review
for abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597
*
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).
F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the petition for
review.
The BIA did not abuse its discretion in denying Visser’s motion to reopen
because he failed to establish a prima facie case for the relief sought. See id. (court
defers to the BIA’s exercise of discretion unless it acted ‘arbitrarily, irrationally, or
contrary to law’).
We lack jurisdiction to consider Visser’s contentions challenging the BIA’s
June 17, 2013, order denying his claims for asylum, withholding of removal, and
relief under the Convention Against Torture because Visser did not petition for
review of that order. See Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir.
2005).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 14-70406