Opinion
No. 08-70273
08-15-2014
JOSE CESAR FERNANDEZ-ZARATE, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A092-741-067 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Cesar Fernandez-Zarate, a native and citizen of Mexico, petitions for review of a 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. We deny the petition for review.
Fernandez-Zarate does not challenge the agency's dispositive determinations that his failure to appear at his hearing was not due to a lack of notice, and that, under Singh-Bhathal v. INS, 170 F.3d 943 (9th Cir 1999), the misadvice from a non-attorney regarding the importance of Fernandez-Zarate's appearance at his March 2006 hearing did not constitute an exceptional circumstance. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
In light of our disposition, we need not reach Fernandez-Zarate's remaining contentions regarding equitable tolling and compliance with Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). See Mendez-Alcaraz v. Gonzales, 464 F.3d 842, 844 (9th Cir. 2006) (declining to reach nondispositive challenges to a BIA order).
PETITION FOR REVIEW DENIED.