Opinion
No. 13-72736
09-02-2015
SHUIYUE JIN, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A099-890-521 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Shuiyue Jin, a native and citizen of China, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's decision denying her motion to reopen removal 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. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002). We deny the petition for review.
The agency did not abuse its discretion in denying Jin's motion to reopen, where the evidence does not compel the finding that she established exceptional circumstances for her failure to appear. See 8 U.S.C. 1229a(b)(5)(C)(i); Celis-Castellano, 298 F.3d at 892 (applying a totality of the circumstances test to determine whether exceptional circumstances were present); Limsico v. INS, 951 F.2d 210, 214 (9th Cir. 1991) (agency has authority to evaluate contrary evidence).
Because this determination is dispositive, we need not reach Jin's contentions regarding whether her illness was sufficiently serious to constitute exceptional circumstances.
PETITION FOR REVIEW DENIED.