Hernandez-Samayoa

MEMORANDUM ***

Agapito Hernandez-Samayoa, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) denial of his motion to reopen deportation proceedings so that he could apply for suspension of deportation pursuant to the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). We have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997). We review the denial of a motion to reopen for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for review.

The agency did not abuse its discretion when it denied petitioner’s motion to reopen because he failed even to allege *73 before the IJ that he had applied for asylum, much less offer any evidence to establish that he had applied for asylum prior to April 1, 1990. See 8 C.F.R. § 1003.43 (b), (d)(3), (e)(1) (NACARA suspension relief eligibility requires that Guatemalan national establish that he or she applied for asylum in the United States prior to April 1,1990).

Petitioner’s contention that the BIA’s summary affirmance procedure was…