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Montes Bravo v. Gonzales

United States Court of Appeals, Ninth Circuit
Jun 22, 2005
137 F. App'x 17 (9th Cir. 2005)

Opinion

Submitted June 14, 2005.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Mariana Montes Bravo, Monrovia, CA, pro se.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Ronald E. Lefevre, Chief Legal Officer, Office of the District Counsel Department of Homeland Security, San Francisco, CA, OIL, DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.


On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A95-876-583.

Before: KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Mariana Montes Bravo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen proceedings in which she was ordered removed in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890-91 (9th Cir.2002), and we deny the petition for review.

The BIA did not abuse its discretion by denying Bravo's motion to reopen because the evidence does not compel the finding that Bravo suffered a serious illness sufficient to establish an exceptional circumstance for her failure to appear. See 8 U.S.C. § 1229a; Celis-Castellano, 298 F.3d at 891-92 (general evidence of an asthma attack insufficient to compel a finding of "exceptional circumstances" under section 1229a).

PETITION FOR REVIEW DENIED.


Summaries of

Montes Bravo v. Gonzales

United States Court of Appeals, Ninth Circuit
Jun 22, 2005
137 F. App'x 17 (9th Cir. 2005)
Case details for

Montes Bravo v. Gonzales

Case Details

Full title:Mariana MONTES BRAVO, Petitioner, v. Alberto R. GONZALES, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 22, 2005

Citations

137 F. App'x 17 (9th Cir. 2005)