Yury Junior Galeas Melendez v. Eric Holder, Jr.

MEMORANDUM

Petitioner, Yuri Melendez, appeals from the decision of the Board of Immigration Appeals (Board) denying his motion to remand and reopen. Melendez sought an opportunity to apply for asylum and withholding of removal because he failed to demonstrate prima facie eligibility for cancellation of removal. An immigration judge had earlier found Melendez ineligible for cancellation of removal because his 2001 conviction for cocaine possession stopped the accrual of the requisite 10-year period of continuous physical presence in the United States upon which Melendez had relied as a ground for cancellation of the order of removal.

A finding that a movant has failed to establish prima facie eligibility for withholding of removal is an appropriate ground on which to deny a motion to reopen. INS v. Abudu, 485 U.S. 94, 104 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988). Our standard of review is abuse of discretion, and a heavy burden is placed upon a movant seeking reopening of removal proceedings. INS v. Doherty, 502 U.S. 314, 322-23 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992). We find no abuse of discretion here. Melendez claims that if he is removed, his handicapped son could face sexual…