Singh

MEMORANDUM **

Lakhbir Singh, native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings to apply for relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir.2002), and de novo due process violations, Hartooni v. INS, 21 F.3d 336, 339 (9th Cir. 1994). We deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen for failure to submit affidavits. See 8 C.F.R. § 1003.2 (c)(1) (requiring that motions to reopen before the BIA be accompanied by the appropriate application for relief and supporting documents). Moreover, Singh did not establish prima facie eligibility for relief because he failed to identify material evidence to support his claim. See Farah v. Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir.2003) (upholding denial of CAT claim where petitioner failed to identify additional probative evidence outside of previously rejected asylum application to support *216 CAT claim);…