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367 F. App'x 774

Djuana v. Holder

U.S. Courts of Appeals

Decided February 23, 2010

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U.S. Courts of Appeals · decided 2010-02-23

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Liliana Vassileva Konstantinova v. Immigration and Naturalization Service · Membreno v. Gonzales

Decided 2010-02-23

¶1 MEMORANDUM

¶2 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 reopen for abuse of discretion. Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir.2005) (en banc). We deny the petition for review.

¶3 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 Kon-stantinova v. INS, 195 F.3d 528, 530 (9th Cir.1999).

¶4 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.

¶5 PETITION FOR REVIEW DENIED.

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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