Eulalio Torres-Resendez v. Eric Holder, Jr.

445 F. App'x 9

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 21, 2011
• Docket: 10-70076
• Status: Unpublished

Opinion

MEMORANDUM **

Eulalio Torres-Resendez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen deportation 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, 791-92 (9th Cir.2005). We deny the petition for review.

The agency did not abuse its discretion in denying Torres-Resendez’s motion to reopen on the ground that the presented medical documentation was insufficient to establish Torres-Resendez had a “reasonable cause” for failing to attend his hearing. See 8 U.S.C. § 1252(b) (1982), Matter of Haim, 19 I. & N. Dec. 641, 642 (BIA 1988) (alien must demonstrate through affidavits or other evidentiary material he had a “reasonable cause” for failing to appear).

Torres-Resendez’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.