Yunqing Zhang v. Gonzales

MEMORANDUM ***

Yunqing Zhang, a native and citizen of the People’s Republic of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of her motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s ruling on a motion to reopen, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), and we deny the petition for review.

An alien who is ordered removed in absentia may have the removal order rescinded upon a motion to reopen if the *863 failure to appear was caused by “exceptional circumstances.” 8 U.S.C. § 1229a(b)(5)(C)(i). “The term ‘exceptional circumstances’ refers to exceptional circumstances (such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien.” 8 U.S.C. § 1229a(e)(1).

The agency did not abuse its discretion by denying Zhang’s motion to reopen which was supported by a doctor’s note recommending two weeks of rest for…