Huang

MEMORANDUM ***

Da Ming Huang petitions for judicial review of an order in which the Board of Immigration Appeals (“BIA”) denied his motion to reopen removal proceedings held in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b), and we deny the petition.

We review the BIA’s denial of a motion to reopen for an abuse of discretion. Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002). The BIA’s denial of a motion to reopen is reversed only if it is “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (internal quotations omitted). Claims of due process violations in INS proceedings are reviewed de novo. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000).

Huang’s failure to appear at his hearing was not the result of exceptional circumstances. Exceptional circumstances are events beyond the control of the alien such as the serious illness of the alien or the serious illness or death of the alien’s spouse, child, or parent, but not less compelling circumstances. 8 U.S.C. 1229a(e)(l). Huang’s reliance on his attorney’s secretary for the time and date of the hearing, despite the fact that he received the correct information at a…