Trailov

MEMORANDUM **

George Trailov appeals the district court’s denial of his habeas corpus petition, filed pursuant to 28 U.S.C. § 2241 , seeking relief from the Board of Immigration Appeals’ (“BIA’s”) decision affirming the Immigration Judge’s (“U’s”) denial of his motion to reopen. We review de novo a district court’s decision to grant or deny a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 . Angulo-Dominguez v. Ashcroft, 290 F.3d 1147, 1149 (9th Cir.2002). We have jurisdiction to review habeas claims alleging constitutional or statutory error in the deportation process. See 28 U.S.C. § 1291 ; Gutierrez-Chavez v. INS, 298 F.3d 824, 828-30 (9th Cir.2002). The parties are familiar with the factual and procedural history of this case, so we recount it here only as necessary.

The Immigration Judge ordered Trailov removed in abstentia when he failed to appear for a hearing on whether discretionary relief under former INA § 212(c), 8 U.S.C. § 1182c (repealed 1996), would be granted. An alien who is ordered deported in absentia may have the deportation order rescinded upon a motion to reopen if the failure to appear was caused by “exceptional circumstances.” 8…