Singh

MEMORANDUM **

Narinder Singh, a native and citizen of India, petitions for review of the Board of *796 Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings to apply for adjustment of status and to revisit his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004), and we deny in part and dismiss in part the petition for review.

Singh offered evidence with his motion that he had filed an application for a labor certification, but he did not show that an immigrant visa was immediately available to him. See 8 U.S.C. § 1255 (a) (immediately available immigrant visa is required for adjustment of status application). Accordingly, the BIA did not abuse its discretion in denying Singh’s motion to reopen for failure to establish prima facie eligibility for adjustment of status. See INS v. Abudu, 485 U.S. 94, 105 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (holding that BIA may deny an alien’s motion to reopen if alien is not prima facie eligible for…