*1 Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Edwin Lainez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen, Toufighi v. Mukasey , *2 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition for review.

The BIA did not abuse its discretion in denying Lainez’s untimely motion to reopen, see 8 C.F.R. § 1003.2(c)(2), where Lainez failed to demonstrate prima facie eligibility for the relief he sought, see Toufighi , 538 F.3d at 996 (the BIA can deny a motion to reopen for failure to establish a prima facie case); see also INS v. Elias-Zacarias , 502 U.S. 478, 483 (1992) (“[S]ince the statute makes motive critical, [an applicant] must provide some evidence of it, direct or circumstantial”); see Silaya v. Mukasey , 524 F.3d 1066, 1073 (9th Cir. 2008).

PETITION FOR REVIEW DENIED.

2 16-70160

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).