Singh

Singh v. McHenry

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 22, 202521-680California130 words

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