Maliwat

MEMORANDUM **

Armando Bognot Maliwat, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motions to reopen. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

The BIA did not abuse its discretion in denying Maliwat’s motions to reopen because he failed to establish prima facie eligibility for relief. Because Maliwat did not comply with the grant of voluntary departure, he was prima facie ineligible for the adjustment of status relief he sought. See 8 U.S.C. § 1229c(d); de Martinez, 374 F.3d at 762-64. The BIA therefore did not abuse its discretion in denying his motions to reopen. See INS v. Abudu, 485 U.S. 94, 105 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (holding that the BIA may deny an alien’s motion to reopen if the alien is not prima facie eligible for the relief sought).

Maliwat’s contention that the BIA deprived him of due process by denying his motions to reopen is foreclosed by Shaar v. INS, 141…