Salazar-Martinez

MEMORANDUM *

This is a petition for review of a BIA decision upholding the Immigration Judge’s denial of a motion to reopen removal proceedings. The removal order was issued in absentia. Petitioner, Olga Salazar-Martinez does not dispute that she received adequate notice and was not in *76 government custody. She was therefore entitled to reopening only if she showed exceptional circumstances. Immigration and Nationality Act (the “INA”) § 240(b)(5)(C)®, 8 U.S.C. § 1229a(b)(5)(C)(i); 8 C.F.R. § 3.28 (4)©. The statute defines the term as follows: “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 circumstances) beyond the control of the alien.” INA § 240(e)(1), 8 U.S.C. § 1229a(e)(l).

The petitioner, her husband, and two minor children are all citizens of Mexico. The couple also has three, younger, citizen children. The family, according to the uncontroverted evidence in the record, moved from California to Hawaii because Jessica, a citizen child, suffered from severe asthma and her health fared much better in…