Rene Salazar v. Eric Holder, Jr. , 486 F. App'x 680 ( 2012 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 29 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
RENE DIMAS SALAZAR, No. 10-73265
Petitioner, Agency No. A088-735-521
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Rene Dimas Salazar, 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 removal proceedings
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
for abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516
F.3d 770, 773 (9th Cir. 2008), and we deny the petition for review.
The agency was within its discretion in denying Salazar’s motion to reopen
on the grounds that he failed to appear at his hearing and did not establish that
“exceptional circumstances” had caused his absence. See 8 U.S.C. § 1229a(e)(1);
Valencia-Fragoso v. INS, 321 F.3d 1204, 1205-06 (9th Cir. 2003); cf. Perez, 516
F.3d at 773-75 (no failure to appear where IJ had not yet left the courtroom after
the scheduled hearing).
PETITION FOR REVIEW DENIED.
2 10-73265