Martinez

MEMORANDUM **

Bernardo Hernandez Martinez, a native and citizen of Mexico, petitions for review *69 of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings conducted in absentia, his motion to reconsider, and his motion to remand. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We also review for abuse of discretion the denial of motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003), and we deny the petition for review.

The IJ denied Martinez’s motion to reopen on the ground that the accompanying medical documents did not provide specific evidence regarding whether his viral gastroenteritis condition was serious, and therefore he did not show “exceptional circumstances” for failing to appear. See 8 U.S.C. § 1229a(e)(l); Celis-Castellano v. Ashcroft, 298 F.3d 888, 891-92 (9th Cir. 2002).

The BIA and IJ did not abuse their discretion by denying Martinez’s motion to reconsider because Martinez failed to identify any error of law or fact in the…