Carmelino Sebastian Juan v. Jefferson Sessions

703 F. App'x 531

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 20, 2017
• Docket: 15-70497
• Status: Unpublished

Opinion

MEMORANDUM **

Carmelino Sebastian Juan, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.

The agency did not abuse its discretion in denying Sebastian Juan’s motion to reopen for failure to establish exceptional circumstances, where Sebastian Juan did not establish that he failed to appear at his 2013 hearing due to circumstances beyond his control. See 8 C.F.R. § 100858(b)(4)(H); 8 U.S.C. § 1229a(e)(l) (defining exceptional circumstances as circumstances beyond the control of the alien); cf. Valencia-Fragoso v. INS, 321 F.3d 1204, 1205-06 (9th Cir. 2003) (no exceptional circumstances where petitioner was late to her hearing ¿ue to confusion about the time).

PETITI0N P0E KEVIEW DENIED-

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.