Hilario Tlaseca Silva v. Eric Holder, Jr. ( 2011 )

FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HILARIO TLASECA SILVA, No. 09-70906
Petitioner, Agency No. A099-736-275
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Hilario Tlaseca Silva, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) 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.
*
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).
We review for abuse of discretion the denial of a motion to reopen.
Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002). We deny the
petition for review.
The agency did not abuse its discretion in denying Tlaseca Silva’s motion to
reopen because the evidence he submitted was insufficient to establish
“exceptional circumstances.” See id. at 891-92.
Tlaseca Silva has waived any challenge to the BIA’s conclusion that Tlaseca
Silva failed to document a claim against the notary who allegedly provided him
with faulty advice. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.
1996).
PETITION FOR REVIEW DENIED.
2 09-70906