Lopez-Palomino
Lopez-Palomino v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Silviano Lopez-Palomino (“Petitioner”) appeals the district court’s denial of his habeas corpus petition, filed pursuant to 28 U.S.C. § 2241 , seeking relief from the Board of Immigration Appeals’s (“BIA’s”) decision affirming the Immigration Judge’s denial of his motion to reopen. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.
We review de novo a district court’s decision to grant or deny a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 . Angulo-Dominguez v. Ashcroft, 290 F.3d 1147, 1149 (9th Cir.2002). An alien who is ordered deported in absentia may have the deportation order rescinded upon a motion to reopen if the failure to appear was caused by “exceptional circumstances.” 8 U.S.C. § 1229a(b)(5)(C)(i). “The term ‘exceptional circumstances’ refers to exceptional circumstances (such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circum *508 stances) beyond the control of the alien.” 8 U.S.C. § 1229a(e)(l).
In the totality, the only circumstances relevant to Petitioner’s failure to appear at the hearing are (1) proper notice…