Fonua

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 17 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PELISI FOKETI FONUA, No. 23-1433 Agency No. Petitioner, A091-854-049 v.

MEMORANDUM*

PAMELA BONDI, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted February 4, 2025 Pasadena, California

Before: MILLER, LEE, and DESAI, Circuit Judges.

Pelisi Foketi Fonua, a native and citizen of Tonga, petitions for review of a

Board of Immigration Appeals decision denying his motion to reopen. Fonua

moved to reopen removal proceedings to allow him to seek reconsideration of his

eligibility for deferral of removal under the Convention Against Torture (CAT).

We have jurisdiction under 8 U.S.C. § 1252. We deny the petition.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. “The [Board] can deny a motion to reopen on any one of ‘at least’ three

independent grounds—‘failure to establish a prima facie case for the…