Rodriguez-Martinez v. Holder , 366 F. App'x 846 ( 2010 )

FILED
NOT FOR PUBLICATION FEB 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ANTONIO RODRIGUEZ- No. 07-75034
MARTINEZ,
Agency No. A026-741-848
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Jose Antonio Rodriguez-Martinez, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s order denying his motion to reopen
*
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).
SS/Research
deportation proceedings conducted in absentia. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen.
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 Rodriguez-Martinez’s
motion to reopen because Rodriguez-Martinez’s mistaken belief that his hearing
was one week later does not constitute exceptional circumstances within the
meaning of 8 U.S.C. § 1229a(e)(1) and his only possibility of relief is a
discretionary grant of cancellation of removal. See Valencia-Fragoso v. INS, 321
F.3d 1204, 1206 (9th Cir. 2003) (per curiam) (no showing of exceptional
circumstance and only possibility of relief was discretionary grant of voluntary
departure).
PETITION FOR REVIEW DENIED.
SS/Research 2 07-75034