Aquino-Campero

MEMORANDUM *

Alfonso Aquino-Campero and his children Cesar Alfonso Aquino-Zapata and Maribel Aquino-Zapata, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of their consolidated motions to reopen proceedings in which they were ordered removed in absentia. We deny the petition for review.

Reviewing for abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 891 (9th Cir.2002), we conclude that the IJ acted within his discretion in denying the motions. The record before the IJ does not compel finding that AquinoCampero met his burden of demonstrating an illness serious enough to constitute an exceptional circumstance. See 8 U.S.C. § 1229a(e)(l). Moreover, the IJ properly considered as an adverse factor that none of the three petitioners attempted to notify the Immigration Court. See Celis-Castellano, 298 F.3d at 892 .

In addition, there was no violation of the petitioners’ due process rights by the agency. The petitioners’ reliance on Singh v. INS, 213 F.3d 1050 (9th Cir.2000), in which the BIA acted in contravention of due process, is misplaced. In…