Opinion
No. 05-73341.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Filed December 2, 2008.
Wayne Spindler, Esq., Tarzana, CA, for Petitioner.
CAC-District Counsel, Esq., Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Harold M. Sklar, 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. A096-349-930.
Before: ALARCÓN, LEAVY, and TALLMAN, Circuit Judges.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Citalli Bernice Sanchez-Escobar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's order denying her motion to reopen removal proceedings conducted in absentia. We have jurisdiction pursuant to 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), and we deny the petition for review.
The agency did not abuse its discretion in denying Sanchez-Escobar's motion to reopen because the doctor's note she provided was insufficient to establish "exceptional circumstances." See id. at 892.
Sanchez-Escobar's contention regarding her filing of a Temporary Protected Status application is unavailing.
We do not consider the evidence Sanchez-Escobar presented with her opening brief. See 8 U.S.C. § 1252(b)(4)(A).