Djuana v. Holder

FILED
NOT FOR PUBLICATION FEB 23 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NORMAN DJUANA, No. 07-73255
Petitioner, Agency No. A079-566-536
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Norman Djuana, native and citizen of Indonesia, petitions for review of a
Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. We have
jurisdiction under 8 U.S.C. § 1252. We review the BIA’s decision on a motion to
*
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).
JLA/Research
reopen for abuse of discretion. Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th
Cir. 2005) (en banc). We deny the petition for review.
The BIA did not abuse its discretion in concluding that the new evidence
Djuana submitted did not show prima facie eligibility for relief because the
evidence only established there was on-going general strife in Indonesia and did
not show any individualized risk to Djuana. See Konstantinova v. INS, 195 F.3d
528, 530 (9th Cir. 1999).
We reject Djuana’s contention that the BIA used the wrong standard in
denying his motion to reopen, and we reject his contention that the BIA required
him to submit affidavits.
PETITION FOR REVIEW DENIED.
JLA/Research 2 07-73255