Hernandez-Guerrero v. Holder

324 F. App'x 585

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 21, 2009
• Docket: No. 07-70353
• Status: Published

Opinion

MEMORANDUM

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Olivia Hernandez-Guerrero (Hernandez-Guerrero) petitions for review of the Board of Immigration Appeals’ (BIA) dismissal of her appeal of the Immigration Judge’s denial of her motion to reopen her removal proceedings. Hernandez-Guerrero specifically sought to rescind the removal order entered against her in absentia.

The BIA did not abuse its discretion in denying Hernandez-Guerrero’s motion to reopen. Hernandez-Guerrero overslept and missed her removal hearing as a result of her late-night work schedule and prescription medication. This evidence does not compel the finding that Hernandez-Guerrero’s failure to appear was the result of “exceptional circumstances.” See Celis-Castellano v. Ashcroft, 298 F.3d 888, 891-92 (9th Cir.2002) (concluding that the BIA acted within its discretion in denying a motion to reopen supported only by general evidence of an asthma attack).

Given our disposition, we need not address Hernandez-Guerrero’s request for cancellation of removal.

PETITION DENIED.

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