XIAO GUANG LIN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 381 F. App'x 693

MEMORANDUM Xiao Guang Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his motion to reopen and rescind an exclusion order entered in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny the petition for review.

The agency did not abuse its discretion by denying Lin’s motion to reopen, because the agency considered the evidence he submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. See 8 C.F.R. § 1003.2(a); see also Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational or contrary to law.”). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.