Juan Valiente v. Eric Holder, Jr.

MEMORANDUM

Juan Antonio Valiente, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s denial of his motion to reopen deportation proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Valiente’s motion to reopen and rescind his removal order where he had actual notice of his hearing and failed to establish “exceptional circumstances” warranting reopening. See 8 U.S.C. § 1229a(b)(5)(C); see also Singh-Bhathal v. INS, 170 F.3d 943 , 946-47 (9th Cir.1999) (erroneous advice of immigration consultant to not appear at hearing did not constitute “exceptional circumstances”); Reyes v. Ashcroft, 358 F.3d 592, 596-97 (9th Cir.2004).

The agency did not abuse its discretion in denying Valiente’s motion to reopen as untimely where the motion was filed over four years after he became or ought to have become aware of his eligibility…