Guillermo Sorto-Argueta v. Eric H. Holder Jr. , 381 F. App'x 646 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GUILLERMO SORTO-ARGUETA, No. 08-74247
Petitioner, Agency No. A070-663-743
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.
Guillermo Sorto-Argueta, 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 decision denying his motion to reopen removal proceedings
*
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).
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. 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 Sorto-Argueta’s motion
to reopen because Sorto-Argueta’s mistaken belief that his hearing was on a
different date does not constitute exceptional circumstances within the meaning of
8 U.S.C. § 1229a(e)(1), and denial of the motion did not lead to an unconscionable
result. See Valencia-Fragoso v. INS, 321 F.3d 1204, 1205-06 (9th Cir. 2003) (per
curiam) (mistaken belief regarding the time of the hearing did not constitute
exceptional circumstances).
PETITION FOR REVIEW DENIED.
2 08-74247