Aveleno Garcia-Guzman v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION AUG 17 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AVELENO GARCIA-GUZMAN, No. 09-72985
Petitioner, Agency No. A099-579-566
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 1, 2011 **
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Aveleno Garcia-Guzman, a native and citizen of Mexico, petitions 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).
Reviewing for abuse of discretion, Sembiring v. Gonzales, 499 F.3d 981, 985 (9th
Cir. 2007), we deny the petition for review.
The agency did not abuse its discretion in denying Garcia-Guzman’s motion
to reopen, where he failed to overcome the presumption of delivery of his notice of
hearing, see id. at 986-88, and he failed to establish exceptional circumstances to
excuse his appearance arising from notice not being served on counsel because
counsel had not filed a notice of appearance with the immigration court. See 8
C.F.R. §§ 1003.19(d), 1003.17.
PETITION FOR REVIEW DENIED.
2 09-72985