Blusguin Alvarenga-Melgar v. Eric Holder, Jr. ( 2011 )

FILED
NOT FOR PUBLICATION JUN 01 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BLUSGUIN OTONIEL ALVARENGA- No. 09-73687
MELGAR,
Agency No. A088-423-377
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Blusguin Otoniel Alvarenga-Melgar, a native and citizen of Honduras,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s decision denying his motion to
reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
*
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).
review for abuse of discretion the denial of a motion to reopen and de novo
constitutional claims. Lin v. Ashcroft, 377 F.3d 1014, 1023 (9th Cir. 2004). We
deny the petition for review.
The agency did not abuse its discretion in denying the motion to reopen on
the ground that Alvarenga-Melgar failed to demonstrate prima facie eligibility for
asylum where he failed to identify a source of persecution or demonstrate a well-
founded fear. See Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1171 (9th Cir.
2006) (the BIA may deny a motion to reopen for failure to establish a prima facie
case for the underlying relief sought); see also Khourassany v. INS, 208 F.3d 1096,
1101 (9th Cir. 2000) (holding similarly situated, unharmed family members
undermine future fear when an alien claims fear based on family group). It follows
that Alvarenga-Melgar has not established a violation of due process. See Lata v.
INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice for a due
process violation).
PETITION FOR REVIEW DENIED.
2 09-73687