Opinion
No. 12-73369 Agency No. A089-781-073
2013-10-01
SHUIQUAN CHEN, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Shuiquan Chen, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's denial of his motion to reopen proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review.
The agency acted within its discretion in denying Chen's motion to reopen for failure to present sufficient evidence to establish that his failure to appear was because of exceptional circumstances. See 8 C.F.R. § 1003.23(b)(4)(ii); Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir. 2002).
PETITION FOR REVIEW DENIED.