Fernandez-Zarate

MEMORANDUM

Jose Cesar Fernandez-Zarate, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings conducted in ab-sentía. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

Fernandez-Zarate does not challenge the agency’s dispositive determinations that his failure to appear at his hearing was not due to a lack of notice, and that, under Singh-Bhathal v. INS, 170 F.3d 943 (9th Cir.1999), the misadvice from a non-attorney regarding the importance of Fernandez-Zarate’s appearance at his March 2006 hearing did not constitute an exceptional circumstance. See Tijani v. Holder, 628 F.3d 1071 , 1080 (9th Cir.2010).

In light of our disposition, we need not reach Fernandez-Zarate’s remaining contentions regarding equitable tolling and compliance with Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). See Mendez-Alcaraz v. Gonzales, 464 F.3d 842, 844 (9th Cir.2006) (declining to reach nondispositive challenges to a BIA order).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not…