Kadhim Al Bumohammed v. Eric H. Holder Jr. , 381 F. App'x 659 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KADHIM H. AL BUMOHAMMED, No. 08-70873
Petitioner, Agency No. A071-674-058
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Kadhim H. Al Bumohammed, a native and citizen of Iraq, petitions pro se
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.
*
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).
Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.
2002), we deny the petition for review.
The agency did not abuse its discretion in denying Al Bumohammed’s
motion to reopen where he failed to establish exceptional circumstances, see
8 U.S.C. § 1229a(e)(1), and failed to establish that the denial of the motion to
reopen would lead to the “unconscionable result” of the removal of an individual
with an obviously valid claim for relief, cf. Singh, 295 F.3d at 1040.
Al Bumohammed’s remaining contentions are not persuasive.
PETITION FOR REVIEW DENIED.
2 08-70873