Fazul

MEMORANDUM

In these consolidated petitions for review, Karim Fazul, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ orders dismissing his appeal from an immigration judge’s order denying his motion to reopen his deportation proceedings conducted in absentia, and denying his second motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed, v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petitions for review.

The agency did not abuse its discretion in denying Fazul’s 2006 motion to reopen and rescind his 1993 in absentia deportation order for failure to establish lack of notice or exceptional circumstances excusing his failure to appear. See 8 U.S.C. § 1252b(c)(3) (1993). The record establishes that Fazul received notice of the 1993 hearing, and he stated that he did not appear because he had provided a false name to immigration officials and was scared. To the extent that Fazul now contends he did not receive adequate notice in his native language of the consequences of failing to appear, he failed to exhaust…