Opinion
No. 07-70353.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 21, 2009.
Carlos Ramirez, Esquire, Law Office of Noemi G. Ramirez, Los Angeles, CA, for Petitioner.
Trade Nicole Jones, Michelle Gorden Latour, Esquire, Assistant Director, DOJ-U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A092-937-028.
Before: CANBY, RAWLINSON and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Olivia Hernandez-Guerrero (Hernandez-Guerrero) petitions' for review of the Board of Immigration Appeals' (BIA) dismissal of her appeal of the Immigration Judge's denial of her motion to reopen her removal proceedings. Hernandez-Guerrero specifically sought to rescind the removal order entered against her in absentia.
The BIA did not abuse its discretion in denying Hernandez-Guerrero's motion to reopen. Hernandez-Guerrero overslept and missed her removal hearing as a result of her late-night work schedule and prescription medication. This evidence does not compel the finding that Hernandez-Guerrero's failure to appear was the result of "exceptional circumstances." See Celts-Castellano v. Ashcroft, 298 F.3d 888, 891-92 (9th Cir. 2002) (concluding that the BIA acted within its discretion in denying a motion to reopen supported only by general evidence of an asthma attack).
Given our disposition, we need not address Hernandez-Guerrero's request for cancellation of removal.