Ezequiez Mejia-Alvarez v. Eric Holder, Jr.

MEMORANDUM

Ezequiez Mejia-Alvarez (“Mejia”), a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals denying his motion to re open. The denial of a motion to reopen is reviewed for abuse of discretion. I.N.S. v. Rios-Pineda, 471 U.S. 444, 449 , 105 S.Ct. 2098 , 85 L.Ed.2d 452 (1985). We conclude that the Board did not abuse its discretion in denying the motion to reopen, and we deny the petition.

The BIA may deny a motion to reopen for failure to establish a prima facie case for relief. I.N.S. v. Abudu, 485 U.S. 94, 104 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988). We review the agency’s factual findings for substantial evidence. See Singh-Kaur v. I.N.S., 183 F.3d 1147, 1149-50 (9th Cir. 1999). Substantial evidence supports the BIA’s conclusion that Mejia has not suffered and is not expected to suffer mistreatment that rises to the level of persecution. See Lim v. I.N.S., 224 F.3d 929, 936 (9th Cir.2000). The Mexican officials’ statements that Mejia lacked proper identification documents and was ineligible to receive social security and medical benefits did not rise to the level of persecution nor establish a well-founded fear of future…