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No. 8697548
United States Court of Appeals for the Ninth Circuit
Phang v. Lynch
No. 8697548 · Decided August 4, 2016
No. 8697548·Ninth Circuit · 2016·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 4, 2016
Citation
No. 8697548
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Hendri Phang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. 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), and we deny the petition for review. *958 The BIA did not abuse its discretion in denying Pahang's untimely motion to reopen because he failed to establish prima facie eligibility for the relief sought. See Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence must establish prima facie eligibility for relief sought). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Plain English Summary
MEMORANDUM ** Hendri Phang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** Hendri Phang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
02We review for abuse of discretion the BIA’s denial of a motion to reopen, Najmabadi v.
03*958 The BIA did not abuse its discretion in denying Pahang's untimely motion to reopen because he failed to establish prima facie eligibility for the relief sought.
042008) (evidence must establish prima facie eligibility for relief sought).
Frequently Asked Questions
MEMORANDUM ** Hendri Phang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Phang v. Lynch in the current circuit citation data.
This case was decided on August 4, 2016.
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