Singh
Singh v. McHenry
Opinion
facts” and the “totality of the circumstances” of each case. Id. (internal citations
omitted).
Singh’s confusion about the date and location of his hearing is not an
exceptional circumstance under this standard. Singh was personally served with a
21-680 notice stating that his hearing would occur in San Diego, California on December
17, 2018. The notice advised him that failure to appear could result in the entry of
an in absentia removal order. Singh has not demonstrated that his failure to appear
was due to circumstances beyond his control. See Vukmirovic v. Holder, 640 F.3d
977, 978–79 (9th Cir. 2011); Valencia-Fragoso v. INS, 321 F.3d 1204, 1205–06
(9th Cir. 2003) (per curiam).
PETITION DENIED.1
1 The temporary stay of removal remains in place until the mandate issues.
21-680