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


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  •                                                                             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    NOT FOR PUBLICATION                             JAN 27 2016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
    

Document Info

Docket Number: 14-70406

Citation Numbers: 633 F. App'x 387

Filed Date: 1/27/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023