Dilbar

Dilbar v. Gonzales

Good Law
218 F. App'x 645
United States Court of Appeals for the Ninth CircuitJanuary 17, 2007No. 05-70523California240 words

Opinion

Lead Opinion

MEMORANDUM **

Dilbagh Singh Dilbar and Gurpreet Singh, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming the Immigration Judge’s (“IJ”) order denying their motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion, see 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.

Dilbar concedes that his attorney received notice of his hearing. See 8 U.S.C. § 1229 (a)(2)(A); Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000) (per curiam) (holding that it is a longstanding principle that a party is considered to have notice of all facts of which his attorney has notice) (citations omitted). Furthermore, Dilbar made no showing that he failed to appear at his hearing due to circumstances that are exceptional within the meaning of 8 U.S.C. § 1229a(e)(1). See, e.g., Valencia-Fragoso v. INS, 321 F.3d 1204, 1206 (9th Cir.2003) (holding that a petitioner’s failure to appear because she forgot the correct time of the hearing is not, in and of itself, an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.