
    Aleksandr KOVTOUN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 09-70566.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 6, 2012.
    
    Filed March 14, 2012.
    Leah W. Hurwitz, Leah W. Hurwitz Ap. L.C., San Diego, CA, for Petitioner.
    Surell Brady, Esquire, Terri Jane Scadron, Assistant Director, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Aleksandr Kovtoun, a native and citizen of Moldova, 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 an abuse of discretion, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny the petition for review.

The BIA did not abuse its discretion in denying Kovtoun’s motion to reopen because it considered the evidence submitted and acted within its broad discretion in determining Kovtoun did not demonstrate prima facie eligibility for the relief sought. 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).

PETITION FOR REVIEW DENIED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     