Ricardo Frausto v. Eric Holder, Jr.

FILED
1NOT FOR PUBLICATION AUG 13 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICARDO FRAUSTO, No. 10-73564
Petitioner, Agency No. A097-258-285
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 8, 2012 **
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Ricardo Frausto, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a motion to reopen. Garcia v. Holder, 621 F.3d
906, 912 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Frausto’s motion to reopen,
where Frausto did not demonstrate that his son’s birth certificate was unavailable at
the time of his hearing, see 8 C.F.R. § 1003.2(c)(1), and the evidence he submitted
regarding his father was insufficient to establish prima facie eligibility for relief,
see Garcia, 621 F.3d at 912-13.
PETITION FOR REVIEW DENIED.
2 10-73564