31 F. App'x 574

Marbin Basael LARIN-BONILLA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 01-70327 INS No. A72-011-192.

United States Court of Appeals, Ninth Circuit.

*575Submitted March 11, 2002.*

Decided March 22, 2002.

Before CANBY, BEEZER, and PAEZ, Circuit Judges.

MEMORANDUM**

Marbin Basael Larin-Bonilla, a native and citizen of El Salvador, petitions for review of a final decision of the Board of Immigration Appeals (“BIA”) denying his motion to reopen his deportation proceedings. We have jurisdiction to review a final order of the BIA pursuant to 8 U.S.C. § llOhala),1 and we deny the petition.

We review for abuse of discretion the BIA’s determination that Larin-Bonilla did not demonstrate a prima facie case for asylum based upon the August 2000 murder of his father in El Salvador. See Bolshakov v. INS, 133 F.3d 1279, 1281 (9th Cir.1998). Because Larin-Bonilla failed to demonstrate the murder was politically motivated, see Sangha v. INS, 103 F.3d 1482, 1490 (9th Cir.1997), the BIA did not abuse its discretion in finding that Larin-Bonilla did not establish a prima facie case of a well-founded fear of future persecution, cf. Mendez-Efrain v. INS, 813 F.2d 279, 282 (9th Cir.1987) (absent “specific evidence,” alien’s “belief’ that he would be subject to persecution upon return to El Salvador was insufficient to sustain burden of proving a well-founded fear of future persecution).

We lack jurisdiction to review the decision denying Larin-Bonilla’s initial application for asylum and withholding of deportation because he did not timely file a petition for review of that decision. Cf. Chudshevid v. INS, 641 F.2d 780, 784 (9th Cir.1981).

PETITION DENIED.

Larin-Bonilla v. Immigration & Naturalization Service
31 F. App'x 574

Case Details

Name
Larin-Bonilla v. Immigration & Naturalization Service
Decision Date
Mar 22, 2002
Citations

31 F. App'x 574

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United States

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