Daramjav

MEMORANDUM **

Enkhdalai Daramjav and his dependent derivatives assert that the BIA erred in denying their motion to reconsider the BIA’s prior decision denying their motion to reopen removal proceedings because, they argued, (1) exceptional circumstances excused their failure to appear at the scheduled hearing before the IJ, and (2) the BIA and IJ violated their right to due process by failing to adequately consider their motion to change venue. We have jurisdiction over this petition for review pursuant to 8 U.S.C. § 1252 . We deny the petition for review.

An in absentia order of removal may be rescinded by motion “if the alien demonstrates that the failure to appear was because of exceptional circumstances.” 8 U.S.C. § 1229a(b)(5)(C)(i). The BIA’s finding that Petitioners failed to establish “exceptional circumstances” is a factual finding that, under the abuse of discretion standard of review, “must stand unless the record compels reversal.” Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir.2002) (emphasis in original). In determining whether “exceptional circumstances” exist, the BIA and IJ must examine the totality of the circumstances. Id.; Singh v. INS, 213 F.3d…