Armando Alba v. Eric H. Holder Jr.

MEMORANDUM

In these consolidated petitions for review, Armando Chan Alba, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings conducted in absentia and denying his motions to reopen and reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen or reconsider, and review for substantial evidence factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny the petition for review in No. 08-74985, grant the petition for review in No. 10-71350 and remand for further proceedings, and dismiss as moot the petition for review in No. 10-72812.

The agency did not abuse its discretion in denying Alba’s September 28, 2007, motion to reopen for failure to establish exceptional circumstances beyond his control that would excuse his failure to appear for his removal hearing. See 8 U.S.C. § 1229a(e)(1); Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir.2002). Alba’s contention that the BIA failed to address his argument under the Health…