Sukhvinder Singh PELIA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 548 F. App'x 396

MEMORANDUM Sukhvinder Singh Pelia, a native and citizen of India, 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 abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny the petition for review. The BIA did not abuse its discretion in denying Pelia’s motion to reopen because Pelia did not show prima facie eligibility for relief. See INS v.

Abudu, 485 U.S. 94, 104, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); INS v. Elias-Zacarias, 502 U.S. 478, 481-83, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (fear of persecution must be on account of a protected ground, and petitioner must provide some evidence of persecutor’s motive). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.