Uch v. Gonzales , 148 F. App'x 247 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS November 10, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-60636
Summary Calendar
SOPHAL UCH
Petitioner,
versus
ALBERTO R. GONZALES,
U.S. ATTORNEY GENERAL
Respondent.
Petition for Review of an Order of the Board of Immigration Appeals
A78-874-394
_________________________________________________________
Before REAVLEY, HIGGINBOTHAM, and CLEMENT, Circuit Judges.
PER CURIAM:*1
Petitioner’s Petition for Review is denied for this reason:
1. The Removal Proceedings statute, 8 U.S.C. § 1229a, allows for rescission of an
order of removal upon a showing of “exceptional circumstances.” “The term
‘exceptional circumstances’ refers to exceptional circumstances (such as
serious illness of the alien or serious illness or death of the spouse, child, or
parent of the alien, but not including less compelling circumstances) beyond
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should
not be published and is not precedent except under the limited circumstances set forth in
5TH CIR. R. 47.5.4.
the control of the alien.”
2. In De Morales v. INS, 116 F.3d 145 (5th Cir. 1997) the petitioner aliens claimed
they did not attend their hearing because of an automobile malfunction. The
petitioners failed to contact the immigration judge to explain what happened for
two weeks until after they received notice of the deportation order. Noting the two
week delay, this Court found that an automobile malfunction was not sufficiently
similar to a serious illness so as to establish “exceptional circumstances.” Uch’s
entire argument rests on ineffective assistance of counsel. Ineffective assistance of
counsel is no more similar to serious illness than were the car troubles at issue in
De Morales.
Petition Denied.