Monsur Rufai v. Eric Holder, Jr.

MEMORANDUM

Monsur Kayode Rufai, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen to apply for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gon zales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Rufai’s motion to reopen for failure to establish a prima facie case for asylum, withholding and relief under the CAT, where Rufai did not establish that the Nigerian government would be unable or unwilling to protect him, see Rahimzadeh v. Holder, 613 F.3d 916, 920 (9th Cir.2010) (an applicant for asylum and withholding of removal bears the burden of establishing that the government would be unwilling or unable to prevent his persecution), or that he cannot safely relocate to another region of Nigera, see Singh v. Gonzales, 439 F.3d 1100, 1113 (9th Cir.2006) (“[T]o be eligible for relief under the Convention Against Torture, [an applicant] bears the burden of…