Illia Suhaka v. Eric Holder, Jr. ( 2012 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                           SEP 17 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    ILLIA SUHAKA,                                     No. 11-70607
    Petitioner,                        Agency No. A089-677-450
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted September 10, 2012 **
    Before:        WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
    Illia Suhaka, a native of the former Soviet Union and a citizen of Belarus,
    petitions for review of the Board of Immigration Appeals’ order dismissing his
    appeal from an immigration judge’s denial of his motion to reopen removal
    proceedings conducted in absentia. We have jurisdiction under 8 U.S.C.
    *
    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).
    § 1252. We review for abuse of discretion the denial of a motion to reopen, Chete
    Juarez v. Ashcroft, 
    376 F.3d 944
    , 947 (9th Cir. 2004), and we deny the petition for
    review.
    The agency did not abuse its discretion in denying Suhaka’s motion to
    reopen on the ground that his failure to maintain regular contact with his attorney
    did not constitute exceptional circumstances beyond his control that would excuse
    his failure to appear. See 8 U.S.C. § 1229a(e)(1); Vukmirovic v. Holder, 
    640 F.3d 977
    , 978-79 (9th Cir. 2011) (petitioner’s failure to know about removal hearing
    because he had moved without advising his lawyer or immigration court of his
    whereabouts did not constitute exceptional circumstances).
    Suhaka’s remaining contention is unavailing.
    PETITION FOR REVIEW DENIED.
    2                                    11-70607
    

Document Info

Docket Number: 11-70607

Judges: Wardlaw, Clifton, Smith

Filed Date: 9/17/2012

Precedential Status: Non-Precedential

Modified Date: 11/6/2024