Juan Reyes-Escobar v. Alberto Gonzales

MEMORANDUM

Juan Augusto Reyes-Escobar (“Reyes-Escobar”) appeals the Board of Immigration Appeals’ (“BIA”) decision affirming the denial of his motion to reopen his 1994 in absentia exclusion order. He also appeals the district court’s grant of summary judgment affirming the United States Citizenship and Immigration Services’ (“US-CIS”) determination of his ineligibility for benefits under the settlement agreement in Am. Baptist Churches v. Thornburgh, 760 F.Supp. 796 (N.D.Cal.1991) (“ABC Agreement”). We have jurisdiction pursuant to 8 U.S.C. § 1252 and 28 U.S.C. § 1291 . We affirm the BIA and district court.

1. To prevail on a motion to reopen, Reyes-Escobar must demonstrate “reasonable cause” for his earlier failure to appear. Matter of Haim, 19 I. & N. Dec. 641, 642 (BIA 1988). This court reviews de novo Reyes-Escobar’s “reasonable cause” showing. Hemandez-Vivas v. INS, 23 F.3d 1557, 1560 (9th Cir.1994), but cf. Valencia-Fragoso v. INS, 321 F.3d 1204 (9th Cir.2003).

Reyes-Escobar did not demonstrate “reasonable cause” for his failure to appear at his 1994 asylum hearing. The record establishes his awareness of the hearing. His explanation, that he was denied admission to the…