Charkhchi

MEMORANDUM **

Khosrow Charkhchi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his motion to reopen removal proceedings held in absentia. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . When the BIA reviews the IJ’s decision de novo, the court’s review is limited to the BIA’s decision, except to the extent the BIA expressly adopts the IJ’s decision. Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir. 2000). We review the denial of a motion to reopen for abuse of discretion. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir.2002). We deny in part and dismiss in part the petition for review.

The BIA properly concluded that Charkhchi’s pending request for a continuance did not constitute an exceptional circumstance for failing to appear at his removal hearing. See Matter of Rivera, 1988 WL 235426 , 19 I. & N. Dec. 688 (BIA 1988); cf. Hernandez-Vivas v. INS, 23 F.3d 1557, 1560 (9th Cir.1994) (holding under lower “reasonable cause” standard that filing a motion for a change of venue did not excuse failure to appear). Accordingly, the…