Aleksandr Kovtoun v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 14 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALEKSANDR KOVTOUN, No. 09-70566
Petitioner, Agency No. A075-499-355
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Aleksandr Kovtoun, a native and citizen of Moldova, 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 an abuse of discretion,
*
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).
Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition
for review.
The BIA did not abuse its discretion in denying Kovtoun’s motion to reopen
because it considered the evidence submitted and acted within its broad discretion
in determining Kovtoun did not demonstrate prima facie eligibility for the relief
sought. 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).
PETITION FOR REVIEW DENIED.
2 09-70566