Patel

Patel v. Gonzales

Good Law
211 F. App'x 599
United States Court of Appeals for the Ninth CircuitDecember 8, 2006Nos. 05-71324, 05-72422California332 words

Opinion

Lead Opinion

MEMORANDUM **

Hansaben Bhulabhai Patel, a native and citizen of India, petitions for review of two final orders of removal issued by the Board of Immigration Appeals (“BIA”), the first one affirming the Immigration Judge’s (“IJ”) order denying her motion to reopen removal proceedings conducted in absentia, and the second one denying her motion to reconsider the BIA’s affirmance. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion, INS v. Doherty, 502 U.S. 314, 323-24 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992); Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005), and we deny the petitions for review.

The BIA did not abuse its discretion in affirming the IJ’s denial of Patel’s motion to reopen for failure to establish “exceptional circumstances” within the meaning of 8 U.S.C. §§ 1229a(b)(5)(c) and 1229a(e)(1). Patel failed to submit an affidavit or any medical documentation to support her claim that a serious illness prevented her from attending her hearing. See Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir.2002) (evidence of a general medical condition is insufficient to compel a finding of “exceptional circumstances”). The BIA properly…

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