Salazar

MEMORANDUM **

Petitioners Vernable Albaro Salazar Salazar, his wife Maria Elazor Salazar, and them four children (Pedro, Alberto, Maribel and Sandra) appeal the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“D”) in absentia order of removal. The Salazars were ordered removed as aliens present in the United States without being admitted or paroled. 8 U.S.C. § 1182 (a)(6)(A)(I). The Salazars failed to attend them removal hearing because they contend that their lack of English skills caused them to misunderstand the abbreviation “Jan” in their hearing notice to actually mean “June.” Because the Salazars’ claimed misunderstanding regarding them hearing date does not constitute “exceptional circumstances,” we deny the petition.

When an order of removal is entered in absentia, the alien may move for reopening of removal proceedings and rescission of the order, “if the alien demonstrates that the failure to appear was because of exceptional circumstances.” 8 U.S.C. § 1229a(b)(5)(C)(i). We “look[] to the particularized facts presented in each case” in order to determine whether or not exceptional circumstances warrant relief. Singh v. INS, 213 F.3d…