Alba Calderon-Hernandez v. Eric Holder, Jr.

Good Law
473 F. App'x 679
United States Court of Appeals for the Ninth CircuitMay 23, 201210-71467California144 words

Opinion

MEMORANDUM

Alba Yaneth Calderon-Hernandez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009), and we deny the petition for review.

The agency was within its discretion in denying Calderon-Hernandez’s motion to reopen for failure to establish that “exceptional circumstances” caused her absence from her scheduled hearing. See 8 U.S.C. § 1229a(e)(1); Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir.2002).

Calderon-Hernandez’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.