Ana Gonzalez-Cruz v. Loretta E. Lynch , 633 F. App'x 361 ( 2016 )

FILED
NOT FOR PUBLICATION JAN 27 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANA GONZALEZ-CRUZ, AKA Adelfa No. 14-71776
Cruz,
Agency No. A200-694-889
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Ana Gonzalez-Cruz, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her 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, Mohammed v. Gonzales,
400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review.
The agency did not abuse its discretion in denying Gonzalez-Cruz’s motion
to reopen. Gonzalez-Cruz was personally served with the hearing notice for her
July 10, 2012, hearing, and failed to show that exceptional circumstances caused
her to miss her July 10, 2012, hearing, where the declaration accompanying her
motion to reopen asserts that an officer from the Intensive Supervision Appearance
Program informed her that her June 2012 hearing was cancelled. See 8 C.F.R.
§ 1003.23(b)(4)(ii); Khan v. Ashcroft, 374 F.3d 825, 828 (9th Cir. 2004) (actual
notice is sufficient to meet due process requirements); 8 U.S.C. § 1229a(e)(1)
(defining the term “exceptional circumstances”).
PETITION FOR REVIEW DENIED.
2 14-71776