Wang

Wang v. Ashcroft

Good Law
104 F. App'x 63
United States Court of Appeals for the Ninth CircuitJuly 16, 2004No. 03-71346; Agency No. A75-662-993California321 words

Opinion

Lead Opinion

MEMORANDUM **

Chengcheng Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) denial of his motion to reopen immigration proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of a motion to reopen for an abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir.2002), and we deny the petition.

Wang failed to appear at his removal hearing, and the IJ ordered him removed in absentia. Wang moved to reopen claiming that a sudden illness prevented his attendance. Wang’s only evidence in support of his motion was a letter from Nancy Li, a licensed acupuncturist, stating that Wang presented himself to her office on the day of the hearing complaining of dizziness, headache, and weakness of the arms and legs. Li recommended that *64 Wang not work for a week. The IJ denied the motion to reopen, finding that Li’s letter was insufficient proof that Wang was ill on the day of hearing and that the illness amounted to exceptional circumstances. See 8 U.S.C. § 1229a(b)(5)(C)(i) (in absentia removal order may only be rescinded “if the alien demonstrates…

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