Imanurofiq

Imanurofiq v. Eric H. Holder Jr.

Good Law
361 F. App'x 741
United States Court of Appeals for the Ninth CircuitDecember 28, 200907-72701California290 words

Opinion

Opinion

MEMORANDUM

Himawan Imanurofiq, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings that were conducted in absentia. Reviewing for abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890-91 (9th Cir.2002), we deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Imanurofiq’s motion to reopen because the evidence he submitted was insufficient to establish “exceptional circumstances.” See id. at 891-92 . Iman-urofiq’s contention that he should not have been required to produce additional medical documentation is unavailing. See id. at 892 . Imanurofiq’s contention that reopening was not barred where the government did not affirmatively oppose the motion is unpersuasive. Accordingly, Imanurofiq’s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for due process violation).

We lack jurisdiction to review Im-anurofiq’s claim that he was unaware of the correct hearing time because he failed to raise the issue before the…

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